If you are injured in a company car accident in Queensland, you may be entitled to compensation through CTP insurance, WorkCover, or both.
What matters:
- Whether the accident happened during work
- Who was at fault
- Whether the vehicle was being used for work or personal purposes
Company vehicle accidents can involve multiple compensation pathways, making it essential to understand your rights fully and early on.
This guide will explain:
- When CTP insurance applies
- When you can claim through WorkCover Queensland
- Whether you can claim under both schemes
- Who may be liable
- The compensation that is available to you
Understanding Company Car Accident Claims in Queensland
What compensation schemes apply to company car accidents?
Queensland's CTP scheme provides compensation for injuries from motor vehicle accidents, regardless of whether you were driving a company car or a private vehicle. Separately, WorkCover Queensland provides compensation if you're injured during employment or while travelling to or from work.
The key difference is that CTP insurance compensates you when another party is at fault (or shares fault), while WorkCover provides no-fault coverage when injuries occur in the course of employment. You may be entitled to claim under both schemes if your company car accident happened during work.
Example scenarios:
- Scenario 1: You're driving to a client meeting in your company car, and another driver runs a red light and hits you. You can claim CTP compensation against the at-fault driver's insurer, plus WorkCover, because you were working.
- Scenario 2: You're using your company car on the weekend for personal shopping, and someone rear-ends you. You can only claim CTP compensation (not WorkCover) because you weren't working.
- Scenario 3: You're driving your company car to work in the morning and are injured in an accident. You can claim both CTP and WorkCover under a "journey claim" even though you haven't started work yet.
Your Rights and Obligations
What you're entitled to:
CTP compensation (if someone else was at fault or partly at fault):
- Past and future income loss at 100% of your actual wages (not just 85% like WorkCover)
- All medical and rehabilitation expenses (past and future)
- Pain and suffering damages (called "general damages")
- Superannuation contributions you've lost (past and future)
- Cost of care and assistance
- Out-of-pocket expenses related to your injuries
WorkCover compensation (if injured during work or commuting):
- Weekly payments of 85% of your gross wages for the first 26 weeks, then 75% after that
- All reasonable medical and rehabilitation treatment
- Lump sum for permanent impairment if applicable
- Common law damages if your employer was negligent (this requires meeting a "serious injury" threshold)
Access to treatment and rehabilitation before liability is determined:
- CTP insurers often fund rehabilitation before admitting fault to help your recovery
- WorkCover provides immediate support once your claim is accepted
Key deadlines:
- Immediately: Report the incident to the police (if anyone is injured or property damage exceeds $2,500) and notify your employer
- Within 9 months: Lodge CTP Notice of Accident claim form (NOAC)
- Within 3 years: Start court proceedings if the CTP claim hasn’t been settled
- As soon as possible: Lodge WorkCover claim (extensions may apply in some circumstances)
Common Scenarios and Questions
Can I claim if I was injured while driving a company car for personal use?
The facts: You can claim CTP compensation if another driver was at fault, but WorkCover generally won't apply for purely personal use.
What to do:
- Lodge a CTP claim against the at-fault driver's insurer
- Check your employment contract or company policy regarding personal use of company vehicles
- Be honest about the purpose of your trip, false information can jeopardise your claim
Important note: If you were combining personal errands with work tasks, or the personal use occurred during work hours (like a lunch run), the situation is more complex and you should seek legal advice about potential WorkCover eligibility.
Do I have to repay WorkCover if my CTP claim is successful?
The facts: You only repay WorkCover for past income loss (the 85% weekly payments they made) and past medical expenses they paid. You don't repay them for any other compensation you receive.
What this means in practice:
- WorkCover initially pays 85% of your wages (dropping to 75% after 26 weeks) while your CTP claim is being processed.
- WorkCover also pays for your medical treatment during this time.
- When your CTP claim settles or succeeds at court, you receive 100% of your past lost wages plus compensation for future losses in wages, pain and suffering, superannuation, and future medical costs.
- WorkCover then gets repaid only for the past wage payments (85%) and past medical expenses they already paid.
- You keep the additional 15% of past wages, all future economic loss, all superannuation compensation, all pain and suffering damages, and all future medical cost compensation without any need to repay WorkCover.
Important note: This means you're ultimately better off with a successful CTP claim than relying on WorkCover alone.
What if I were at fault in the accident while driving a company car?
The facts: If you were entirely at fault, you cannot claim CTP compensation, but you may still be able to claim WorkCover if the accident occurred during work.
What to do:
- Lodge a WorkCover claim immediately if you were working at the time or the accident occurred during your commute.
- Provide your employer with full details of the accident. Under Queensland law, your employer must report the accident to WorkCover.
- Understand that WorkCover is "no-fault" coverage, meaning you can claim even if the accident was your fault, as long as it happened during employment.
- Be aware that if you were partially at fault (for example, 30% at fault), you can still claim CTP compensation, but the value of compensation may be reduced by this percentage.
Important note: Even if you believe you were at fault, get legal advice before making any admissions. Determining fault is a tricky business.
Can I claim if someone else was driving the company car and I was a passenger?
The facts: Yes. As a passenger, you can claim CTP compensation regardless of who was at fault, and you can also claim WorkCover if you were working at the time.
What to do:
- Identify which vehicle's CTP insurer to claim against. If both drivers share fault, you may claim against either or both insurers.
- Lodge your CTP Notice of Accident claim with the relevant insurer within 9 months.
- If you were a passenger for work purposes (such as being driven to a work site or client meeting), you can also lodge a WorkCover claim.
- Gather evidence, including witness statements, dashcam footage if available, and photos of the accident scene and vehicle damage.
Important note: As a passenger, you're in a strong position because you bear no fault for the accident. This means your compensation won't be reduced for contributory negligence.
What happens if the accident occurred during my commute to or from work?
The facts: You can claim both CTP compensation (if someone else was at fault) and WorkCover under a "journey claim" because Queensland law covers injuries during ordinary commutes.
What to do:
- Lodge your CTP claim as you would for any motor vehicle accident.
- Lodge a WorkCover journey claim by notifying your employer and completing the required claim forms.
- Provide evidence that you were travelling your ordinary route between home and work, including details of your usual work hours and route.
- Document the time and location of the accident to confirm it occurred during your commute.
Important note: Journey claims may be rejected if you made a substantial deviation from your ordinary route for personal reasons.
Who is liable if my company car had a mechanical defect that caused or contributed to the accident?
The facts: Multiple parties may share liability, including the at-fault driver, your employer (for failing to maintain the vehicle), or even the vehicle manufacturer or mechanic (if recent repairs were faulty).
What to do:
- Report the mechanical defect immediately to your employer and ensure the vehicle is inspected before any repairs are made.
- Document the defect with photos and obtain a mechanical inspection report if possible.
- Lodge your CTP claim against the at-fault driver's insurer, noting the mechanical defect in your claim form.
- Consider whether your employer may be liable for negligence if they failed to properly maintain the vehicle. This could form the basis of a common law claim.
- Keep records of any complaints or reports you made about the vehicle's condition before the accident.
Important note: If a mechanical defect significantly contributed to the accident, this may affect how liability is determined. Seek legal advice in this situation.
Step-by-Step Process
- Report the accident immediately: Contact the police if required, exchange details with other drivers, and notify your employer as soon as possible. Take photos of the vehicles, accident scene, injuries, and road conditions.
- Seek medical attention: See a doctor or hospital even if injuries seem minor. Keep all medical records and receipts, and tell your doctor that the injury occurred in a company car accident.
- Identify the CTP insurer: Queensland has four CTP insurers: Suncorp, Allianz, QBE, and RACQ. The at-fault vehicle’s registration determines the insurer, which can be checked through the Queensland Government register.
- Lodge your CTP claim: Submit a Notice of Accident Claim to the relevant insurer within 9 months, including accident details, injuries, witnesses, and your work status.
- Lodge a WorkCover claim if applicable: If the accident occurred during work or your commute, notify your employer and lodge a WorkCover claim with supporting medical evidence.
- Attend medical assessments: You may be required to attend independent medical examinations once your injuries stabilise. These assess your injuries and help determine compensation.
- Attend a Compulsory Conference: Before court proceedings, Queensland law requires a Compulsory Conference where you and the insurer attempt to resolve the claim once the medical evidence is available.
- Commence court proceedings if necessary
If your claim doesn't settle at the Compulsory Conference, you can start court proceedings within 3 years of the accident to pursue your claim through the Queensland District Court.
Documents you'll need:
- Police report - Official record of the accident, including initial fault, witnesses, and conditions. Obtain the report or reference number for your insurer.
- Medical records and reports - Doctor and hospital notes, diagnostic imaging, medical certificates, and specialist reports.
- Employment and wage records - Payslips, employment contract, role description, and employer confirmation of work status or permission to use the vehicle.
- Evidence of company car use - Company vehicle policy, logbook if applicable, travel purpose, and any written permission for personal use.
- Accident scene evidence - Photos of vehicles, damage, road layout, conditions, and visible injuries, plus witness contact details.
- Expenses and receipts - Medical bills, travel costs, equipment expenses, and any accident-related out-of-pocket costs.
Legal Framework
Primary legislation: Motor Accident Insurance Act 1994 (Qld) governs all CTP claims in Queensland, establishing the mandatory insurance scheme, claims process, and compensation entitlements for motor vehicle accident injuries.
- Further legislation: The Workers' Compensation and Rehabilitation Act 2003 (Qld) governs WorkCover claims, including journey claims.
Common mistakes that can weaken your claim
- Admitting fault at the scene or to insurers before liability is properly assessed
- Delaying notification to your employer, which can complicate or jeopardise a WorkCover claim
- Failing to seek prompt medical treatment or minimising symptoms
- Accepting a WorkCover settlement without understanding its impact on any CTP claim
- Providing inconsistent accounts of the accident or injuries to insurers or medical professionals
When to Seek Legal Advice
- You're unclear whether to claim CTP, WorkCover, or both. The interplay between these schemes is complex, and getting it wrong can cost you significant compensation or create repayment issues later.
- The accident occurred during personal use of a company car. Determining whether you can still claim WorkCover requires analysis of your employment contract, company policy, and the specific circumstances of your trip.
- Liability is disputed, or multiple parties may be at fault. These claims involve complex legal arguments about negligence and often require expert evidence to establish liability.
- You have serious injuries that will affect your ability to work long-term or permanently. These claims involve substantial future economic loss calculations and require careful medical and work contract-related evidence.
- Your employer may have been negligent. If poor vehicle maintenance, inadequate training, or pressure to drive unsafely contributed to your accident, you may have a separate common law claim against your employer.
- You're being offered a settlement. Insurers often make early settlement offers that significantly undervalue claims.
- You're approaching any key deadlines or have already missed one. Lawyers may be able to seek extensions or lodge late claims in certain circumstances.
Key Takeaways
- You may be entitled to claim both CTP and WorkCover compensation if your company car accident occurred during work or your commute.
- You only repay WorkCover for past wages and past medical expenses they paid - you keep all compensation for future losses, superannuation, pain and suffering, and additional past wage compensation.
- Personal use of a company car typically disqualifies you from WorkCover, but you can still claim CTP compensation if another party was at fault.
- Strict timeframes apply: 9 months to lodge your CTP Notice of Accident claim and 3 years to start court proceedings, with earlier deadlines potentially applying to WorkCover claims.
- Early legal advice is crucial to navigate the complex interplay between CTP and WorkCover, identify all potential sources of compensation, avoid common mistakes, and ensure you receive the full compensation you're entitled to.
Get Help Now
If you have been injured in a company car accident in Queensland, early legal advice can help protect your rights under CTP and WorkCover and ensure you receive the compensation you deserve.
Contact Smith’s Lawyers today
- Call 1800 960 482 for a free, no obligation consultation
- No Win, No Fee, No Catch®, meaning no legal fees unless compensation is secured
- Request a call back using the form and an advisor will get back to you at a time that is suitable for you
Our team has extensive experience in common law claims in Queensland and can also advise on TPD superannuation insurance claims Australia-wide if your injuries prevent you from working. Get the expert advice you need to secure the full compensation you deserve.
