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If you own a motorcycle that is used or is intended to be used on public roads in Australia, you are required to take out insurance against liability for the death or personal injury of others arising out of an accident.
The relevant Queensland legislation is the Motor Accident Insurance Act 1994 (Qld) (MAI Act).
Compulsory Third Party Insurance (‘CTP insurance’):
All motorcycles driven on Queensland roads must be registered and have CTP insurance.
The Queensland you have the option of choosing one of the following CTP insurance providers:
CTP insurance does not cover any damage to your motorcycle following an accident.
To cover against damage to your motorcycle you would need to purchase a motorcycle insurance policy such as:
Conditional registration is registration for non-standard motorcycles that only need limited access to be driven on a road including:
In Queensland it is illegal to drive a non-standard motorcycle on a road without conditional registration.
If you don’t have conditional registration and you are found operating your motorcycle on a road you may be fined.
If the motorcycle is involved in a crash, you may not be covered by insurance.
If a non-standard motorcycle is not being driven on a road (see following definition of a road), and is only used on private property, then it may not need conditional registration.
The definition of a road under Queensland law includes areas such as:
If you are unsure whether an area you are operating your motorcycle is considered a road you should obtain legal advice.
There are 3 categories of road access allowable under conditional registration:
A: The most common causes of most common causes of motorcycle accidents are due to minor mistakes such as distraction, fatigue or being slightly above the speed limit.
A: Completing a registration search of the registration number of the at-fault driver will state whether the at-fault driver is insured and who the CTP insurer is.
A: There are strict time limits associated with bringing a common law claim for damages in Queensland. The general time limit is three (3) years from the date of the accident. This means that you must commence court proceedings prior to the expiry of the three (3) year limitation date. In addition to this, you must give the CTP insurer of the at-fault driver, a notice of accident claim form within one (1) month of consulting a lawyer about the claim, or within nine (9) months from the date of accident occurring, whichever date comes first. If you do not give the insurer a notice of accident claim form within these time frames you will be required to provide a reasonable excuse for delay in lodging your claim late.
A: You must lodge a property damage claim in Queensland within six (6) years of the accident occurring.
A: You will only be eligible to make a claim for compensation if another person caused the accident and your injuries. If your injuries are serious you may be eligible to make a claim through the National Injury Insurance Scheme. If your injuries are preventing you from returning to work, you may have entitlements under your superannuation policy such as total permanent disability (TPD) entitlements or income protection benefits.
A: If you are injured in a motorcycle accident on your way to or from work, you may be able to make a claim against the CTP insurer of the at-fault driver. If you were to blame for the accident you will not be eligible to make a CTP claim. Regardless of whether the accident was caused by you or another person you can pursue a WorkCover statutory benefits claim against your employer’s workers’ compensation insurer.
A: If your WorkCover statutory claim is accepted you may be entitled to lost wages, medical treatment costs (e.g. doctor consultations, medication, x-rays), hospital costs, rehabilitation costs (e.g. physiotherapy, return to work programs), travelling expenses, lump sum payment for permanent impairment, death benefits and funeral expenses.
Evolve Legal assists individuals with tailored legal advice to fit their individual needs. Call Evolve Legal today on 1300 025 101.
Posted in: Personal Injury
April 14 2020