Draft a Queensland insurer letter that reserves liability and quantum
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft a letter to the CTP insurer, WorkCover Queensland, a self-insurer or a respondent from cited file documents and the outstanding list.
- What the lawyer must review
- Do not concede liability or quantum
- Check the recipient and any section 37 time if the letter is about the notice
- You settle every sentence before it is sent
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland plaintiff claims against a CTP insurer, WorkCover Queensland, a self-insurer, or a Personal Injuries Proceedings Act respondent.
Produce. A letter the insurer or respondent receives, after the lawyer settles every sentence.
Have ready. Cited file documents; The outstanding-item list; The correct recipient and the Act.
Example of the limit. Illustrative example: The draft says the insurer has admitted a percentage of liability. The file does not say that. The lawyer deletes the sentence before the letter is sent.
Stop and hand it back when
- The letter concedes liability or quantum.
- The recipient or the Act is uncertain.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Draft a letter to the CTP insurer, WorkCover Queensland, a self-insurer or a respondent from cited file documents and the outstanding list. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Name the recipient the file supports: the licensed CTP insurer, the Nominal Defendant where section 37 requires it, WorkCover Queensland or a self-insurer, or the Personal Injuries Proceedings Act respondent.
- Cite only documents that are on the file. List outstanding items separately. Do not concede liability or a figure for quantum.
- If the letter concerns a motor accident notice, check section 37. Notice to the Nominal Defendant for an unidentified vehicle is three months. Otherwise it is due on the earlier of two days. The first is the day 9 months after the accident or, if symptoms were not immediately apparent, the first appearance of symptoms. The second is the day 1 month after the claimant first consults a lawyer about the possibility of making a claim. An unidentified vehicle not notified within nine months is barred. A late notice otherwise continues, and a reasonable excuse is given in the notice or by separate notice.
- Do not invent a deadline for the recipient to answer. The letter is not the notice of claim.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to an occupier and its insurer: notice of an injury and a liability response | Letter | AI use Yellow | A plaintiff firm's letter telling an occupier and its public liability insurer about an injury, asking for the insurer's details and a liability response, and asking that footage and incident documents be kept. |
| Offer of compromise in personal injury proceedings (UCPR r 20.26, NSW), with covering letter | Notice | AI use Yellow | Plaintiff's or defendant's formal offer of compromise under r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW), with the mandatory contents, the acceptance period, and a covering letter explaining the indemnity costs consequences under rr 42.14 and 42.15. |
| Request for NIISQ lifetime participation before the two-year anniversary | Letter | AI use Yellow | Letter asking the National Injury Insurance Agency, Queensland to repeat an interim participant's eligibility review before the two-year anniversary and to say whether lifetime participation is accepted. |
| Mandatory final offer under the Personal Injuries Proceedings Act 2002 (Qld) | Notice | AI use Yellow | The claimant's mandatory final offer under sections 39 and 40 of the Personal Injuries Proceedings Act 2002 (Qld). |
| Offer of compromise in a personal injury proceeding (Order 26, Victoria) | Notice | AI use Yellow | Plaintiff offer of compromise for a Victorian personal injury claim. |
| Letter to a former employer: employment history and the workers compensation insurer | Letter | AI use Yellow | A letter asking a former employer for the client's dates, job, sites, dust products, and the workers compensation insurer or self-insurer for those years. |
| Mandatory final offer under the Motor Accident Insurance Act 1994 (Qld) | Notice | AI use Yellow | The claimant's mandatory final offer under section 51C of the Motor Accident Insurance Act 1994 (Qld). |
| Covering letter for NIISQ internal review of eligibility or treatment, care and support | Letter | AI use Yellow | Covering letter for the NIISQ internal review form, with eligibility and treatment, care and support kept apart. |
| Offer to settle a personal injury proceeding (UCPR rr 353, 355, 357 and 360, Queensland) | Notice | AI use Yellow | Plaintiff offer to settle a Queensland personal injury proceeding under UCPR r 353. |
| Without-prejudice Calderbank letter (Victoria, Queensland and New South Wales) | Letter | AI use Yellow | A without-prejudice letter offering to settle a personal injury claim, with a statement that the plaintiff will rely on it on costs if the offer is not accepted. |
| Letter to an employer asking for incident documents, a footage hold and wage records | Letter | AI use Yellow | A letter, with the worker's authority, asking an employer for time and wage records and for the incident report, and asking the employer to keep any footage of the incident. |
| Additional information form (MAIC Form F2) | Form | AI use Yellow | Link to MAIC Form F2 V7 Apr 2022. |
| Lifetime Care eligibility dispute, and request to review an assessment panel decision | Letter | AI use Yellow | Letter disputing a Lifetime Care eligibility decision, with a separate written request to review an assessment panel decision on the four grounds the icare page lists. |
| Letter asking that footage, photographs and physical evidence be preserved | Letter | AI use Yellow | A letter asking the person who holds footage or a physical item to stop it being overwritten, deleted or repaired, and to say whether it still exists. |
| Review form (SIRA): ask the insurer to review a work capacity or liability decision | Form | AI use Yellow | Link to SIRA's review form. |
| Letter of claim to a public health service, including an initial notice | Letter | AI use Yellow | Letter of claim to a public health service. |
| Request for Lifetime Care lifetime participation near the end of the two years | Letter | AI use Yellow | Letter from an interim Lifetime Care participant asking to be accepted for lifetime participation near the end of the two years, with the injury criteria the who-we-care-for page states. |
| Settlement offer and assessment-conference paper for a NSW motor accident damages claim | Letter | AI use Yellow | The claimant's written settlement offer on a damages claim under the Motor Accident Injuries Act 2017 (NSW), and a short paper for the Commission assessment conference. |
| Motor accidents dispute application (Personal Injury Commission Pathway) | Form | AI use Yellow | Link to the Personal Injury Commission's Pathway application for a motor accidents dispute, including who may apply, what the other parties can see, and the schedule of earnings for merit review. |
| Request to a scheme insurer for written reasons and the documents relied on | Letter | AI use Yellow | A letter asking a statutory insurer for the reasons for a decision and the documents relied on, using the request that exists for that scheme, with a cover for the Transport Accident Commission informal review form. |
| Request to the Transport Accident Commission for attendant care or post-acute support | Letter | AI use Yellow | Letter asking the Transport Accident Commission to fund attendant care or post-acute support after a transport accident. |
| Response to an insurer's denial of liability | Letter | AI use Yellow | A letter identifying an insurer's denial, stating the facts the client disputes, asking for reconsideration, and listing documents still missing. |
| Conference paper and offer under the TAC Common Law Protocol 2026 | Memo | AI use Yellow | The client's paper and written offer for a serious injury conference or a common law damages conference under the TAC Common Law Protocol 2026. |
| Request for a review of a New South Wales motor accident or workers compensation decision | Letter | AI use Yellow | A New South Wales letter asking a motor accident insurer for an internal review, or a workers compensation insurer for a review under section 287A. |
| Complaint to the Independent Review Office about a workers compensation or CTP insurer | Letter | AI use Yellow | Letter for a complaint to the New South Wales Independent Review Office about a workers compensation insurer or a CTP insurer, with the two pathways kept apart. |
| Statutory counter offer before a Victorian serious injury damages proceeding | Letter | AI use Yellow | The worker's statutory counter offer under section 333 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). |
| Covering letter for an application to review a Queensland workers' compensation decision | Letter | AI use Yellow | A covering letter for the approved application to the Workers' Compensation Regulator, with draft grounds, the documents to be considered, and a request for reasons where the notice gave none. |
| Reply to a Calderbank offer in a personal injury claim | Letter | AI use Yellow | A reply to a Calderbank offer in a Victorian, Queensland or New South Wales personal injury claim. |
| Letter to a scheme case manager | Letter | AI use Yellow | Letter telling a scheme or insurer case manager that the firm acts, who to contact, and which authority is enclosed. |
| Letter to the payer sending a personal injury deed and payment terms | Letter | AI use Yellow | Letter to the payer's solicitors sending a personal injury deed and stating when the compensation may be paid, including the Medicare hold on any payment to the injured person. |
| Covering letter for a Workplace Injury Commission conciliation application | Letter | AI use Yellow | Covering letter sent with a Workplace Injury Commission Application for Conciliation. |
| Notice of claim for damages (WorkCover Form 275) | Form | AI use Yellow | Link to Form 275, version 3, the approved notice of claim for damages under section 275. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Motor Accident Insurance Act 1994 (Qld), section 37 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld), section 6 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld), section 275 · 2026-10-23
Section 6 of the Personal Injuries Proceedings Act takes a Motor Accident Insurance Act injury, and chapter 5 damages against an employer, outside that Act. The letter follows the Act that applies.
The letter is sent to another party. The lawyer checks it before it goes. Practice Direction 5 of 2025 or Practice Direction 12 of 2025 applies if the letter is later filed.