Car Accident Claims
Queensland compensation lawyers acting for drivers, passengers, pedestrians, cyclists, motorcycle and pillion riders injured in car accidents across the state.
If you have been injured in a car accident in Queensland, you most likely have questions about what comes next. How will medical bills get covered while you cannot work? Do you have a claim against the at-fault vehicle’s CTP insurer, and how long do you have to lodge it?
Who Can Claim Compensation for a Car Accident in Queensland
We act for people injured in a car accident in Queensland where another road user’s negligence caused or contributed to the injury. The right to make a claim sits under the Motor Accident Insurance Act 1994 (Qld) and runs through the Compulsory Third Party (CTP) insurer of the vehicle that was at fault. CTP insurance is included in every Queensland vehicle’s registration, which is why a claim is made against the at-fault vehicle’s insurer, rather than the driver personally.
A claim may be available whether you were driving the vehicle, riding in it as a passenger, on foot as a pedestrian, on a bicycle, on a motorcycle, or sitting as a pillion passenger. The CTP scheme can cover a broad range of road users. Whether your specific situation qualifies depends on how the accident happened, who was at fault, the nature and extent of your injuries and how soon you act. A free case review to learn about your rights is the best starting point.
For an overview of what is involved with a CTP claim, our motor vehicle accidents service page covers the broader picture. This page goes deeper into car accident claims specifically.
Where the at-fault vehicle is unregistered or unidentified, the Nominal Defendant may step in as the CTP insurer of last resort. Tighter notification windows apply, particularly for hit-and-run claims, and extra steps may be needed, so early advice matters more in those types of matters than in standard CTP claims.
We review the applicable timeframes at the first consultation, because the Queensland framework has several different timeframes to comply with depending on the type of claim and the circumstances of the accident.
What Our Car Accident Claims Practice Covers
We act on car accident claims under the Motor Accident Insurance Act 1994 (Qld), from the first conversation with an injured client through to the resolution of the common law damages claim. Our team runs the full range of car accident matters across Queensland – from drivers and passengers, through pedestrian and cyclist matters, to motorcycle, hit-and-run and catastrophic injury claims.
Driver and Passenger Claims
Your claim is against the CTP insurer of the at-fault vehicle, even where you were driving or were a passenger in the vehicle that suffered damage. Our lawyers handle claims for drivers injured in single-vehicle and multi-vehicle accidents, and for passengers injured in vehicles where another driver caused or contributed to the accident.
Pedestrian and Cyclist Claims
If you were hit by a vehicle while walking, crossing the road, or riding a bicycle, we run the CTP claim against the at-fault driver’s insurer. Pedestrian and cyclist matters often involve more complex liability analysis because the road position, line-of-sight and right-of-way rules may be contested. Our team are experts in handling these types of claims across all five Queensland office regions.
Motorcycle and Pillion Rider Claims
Where you were riding a motorcycle, a scooter or as a pillion passenger and were injured in a collision caused by another road user, the CTP framework still applies. Motorcycle claims tend to involve more serious physical injuries because of the limited protection a motorcycle offers compared with a car, so it’s important that you get advice from a specialist in the field to ensure that you can recover the loss and damage that you are entitled to.
Hit and Run or Uninsured Driver Claims
Where the at-fault driver cannot be identified or was driving an unregistered vehicle, the Nominal Defendant becomes the insurer for the claim under the Motor Accident Insurance Act 1994 (Qld). The notification window is shorter than a standard CTP claim, particularly for unidentified vehicles, and additional steps may be required to attempt to identify the driver or vehicle within strict timeframes. For this reason, it is important that early advice is obtained in matters of this type.
Catastrophic and Serious Injury Claims
Where a car accident has resulted in a brain injury, spinal injury, amputation or any other catastrophic outcome, the damages claim is more complex and the future care, future needs, loss of earnings, and lifetime support components carry more weight. Our team has the expertise and experience in significant claims, so that you can be confident that every aspect of your claim has been properly assessed and pursued.
Speak With a Queensland Car Accident Lawyer
If you have been injured in a car accident in Queensland, a free case review is the starting point. Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, and from the first conversation through to resolution, you will be looked after by an experienced team in compensation law.
How We Approach Your Claim
Initial Review
Your first conversation with us is a free case review. Your compensation lawyer will obtain and review any relevant documents, discuss your situation and the relevant claim process with you, and provide you with guidance as to what rights you may have.
Investigating and Lodging a Damages Claim
If another party’s negligence caused or materially contributed to your injury and you choose to lodge a damages claim, we gather the medical, economic and liability evidence and lodge the appropriate Notice of Claim under the scheme that applies. Your compensation lawyer runs the investigation, obtains expert reports, and quantifies your damages, which may include any past or future loss of income, superannuation, care needs, future costs and pain and suffering.
Resolving at Conference or Court
Before you can file a Claim in the Court, there are various pre-court steps to undertake, including participating in a compulsory settlement conference. We prepare, attend and negotiate for you. Where a fair resolution is not available at conference, we advise you on the prospects of court proceedings and run your claim until it has reached a resolution.
Our Fees
We act on car accident claims on a no win, no fee basis. You do not pay our professional fees unless your claim succeeds, and our fee structure sits below the Queensland legal profession cap under the Lower Fee Promise.
Queensland imposes a 50 per cent cap on the share of a settlement that a law firm can take in professional fees and outlays combined. Our fee arrangement sits below that cap: professional fees are charged on the Federal Court Scale plus GST, the total is capped at one third of the settlement, and outlays are billed separately at cost. In practical terms, the gap between the industry cap and our Lower Fee Promise stays in your hands at the end of the claim rather than being charged as legal fees.
What You Get When You Work With Us
We are a Queensland-dedicated compensation law firm. Every lawyer practises in Queensland schemes, and every office is in Queensland spread across Brisbane, Sunshine Coast, Gold Coast, Cairns and Innisfail. You work with a local compensation lawyer close to where you live and work.
Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law. We act across the full Queensland compensation landscape, with motor vehicle accident claims sitting alongside our workers’ compensation, public liability, superannuation and insurance, and professional negligence practices.
Travis Schultz & Partners was founded in 2018 by Travis Schultz, who has been awarded the Medal of the Order of Australia (OAM) for service to the legal profession and the community. Travis is a QLS Accredited Specialist in Personal Injury Law and has been ranked as Preeminent in Doyle’s Guide. Our fee structure sits below the Queensland legal profession cap under the Lower Fee Promise.
Frequently Asked Questions About Car Accident Claims in Queensland
Who Pays Compensation in a Car Accident Claim?
Compensation is paid by the CTP insurer of the at-fault vehicle, not by the at-fault driver personally. There are three licensed CTP insurers in Queensland: Suncorp (AAI Limited), Allianz, and QBE. Where the at-fault vehicle is unidentified or uninsured, the Nominal Defendant acts as the insurer for the claim.
How Long Do I Have to Lodge a Car Accident Claim in Queensland?
In Queensland, the Notice of Accident Claim Form generally has to be lodged with the at-fault driver’s CTP insurer within nine months of the accident, or if not initially apparent, 9 months from when symptoms of the injuries first become apparent, or within 1 month of consulting a lawyer, whichever is the earliest. For Nominal Defendant claims involving an unidentified vehicle, the window is just three months. The general limitation period for commencing court proceedings on a damages claim is three years under the Limitation of Actions Act 1974 (Qld). We review the applicable timeframes at the first consultation.
What Can I Claim For After a Car Accident in Queensland?
Depending on the circumstances and extent of any loss or damage, a claim may cover an award for pain and suffering, past and future loss of income and superannuation, medical and rehabilitation expenses, paid care, voluntary assistance from friends and family, home and vehicle modifications where they are required, out-of-pocket expenses and other future needs. The damages that apply to your situation are quantified by a compensation specialist as part of running the claim.
What Happens if the Other Driver Was Unidentified or Uninsured?
A claim is still available through the Nominal Defendant, a statutory body established to compensate people injured by an unidentified or uninsured vehicle. The Nominal Defendant operates as the CTP insurer of last resort. The notification window is shorter than a standard CTP claim, so a person who has been injured in a hit-and-run or by an uninsured driver should get advice early. The Motor Accident Insurance Commission publishes guidance on Nominal Defendant claims.
What if I Was Partly at Fault for the Car Accident?
Being partly at fault does not necessarily prevent a claim. The damages a person can recover may be reduced under contributory negligence principles to reflect the share of responsibility attributed to them. Whether and how those principles apply to a specific accident is a case-by-case assessment, and an experienced compensation lawyer will consider all available evidence before providing advice in this regard.
Will I Need to Go to Court for My Car Accident Claim?
The vast majority of car accident claims in Queensland are resolved out of court. We prepare your claim for conference first and walk you through the prospects of court proceedings before any decision is made, but matters can resolve at any point in time.
How Long Will My Car Accident Claim Take to Settle?
Most claims can be resolved within 18 to 24 months from when the accident occurred. The timing depends on how quickly the injury stabilises (it is normally considered to be 12 months following the accident before medical specialists are prepared to assess any permanent impairment or advise of any future treatment needs and costs), and the behaviour of the CTP insurer in their negotiations.
Where to Go From Here
If you have been injured in a car accident in Queensland, the next step is a free case review. Your claim is run from the first conversation through to resolution by an experienced compensation lawyer, on a no win, no fee basis, with professional fees capped at one third of the settlement under our Lower Fee Promise. Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, working from five offices across the state.
