Motorcycle Accident Lawyers

Queensland compensation lawyers acting for injured motorcyclists in Compulsory Third Party (CTP) claims after a crash that was not your fault, on a no win, no fee basis.

If you have been injured in a motorcycle accident in Queensland, you are likely facing time off the bike, mounting medical bills, and real uncertainty about what comes next. You may be wondering whether you have a claim, who pays for your treatment, and how long you have to act.

Travis Schultz & Partners acts for injured motorcyclists across Queensland, running CTP damages claims against the at-fault driver’s insurer under the Motor Accident Insurance Act 1994 (Qld). From your first conversation through to resolution, you will be looked after by an experienced team in compensation law, on a no win, no fee basis.

Who Can Make a Motorcycle Accident Claim in Queensland

We act for riders and pillion passengers injured in motorcycle accidents on Queensland roads where another road user’s negligence caused or materially contributed to the crash. If another driver turned across your path, pulled out, merged into you, or otherwise failed to take reasonable care, you may have a viable claim against that driver’s CTP insurer.

A motorcycle accident claim is one type of motor vehicle accident claim in Queensland, and it runs through the Compulsory Third Party (CTP) scheme. CTP cover attaches to every registered vehicle and is paid with registration, and the claim is made against the at-fault vehicle’s CTP insurer. There are three licensed CTP insurers in Queensland (AAI Limited trading as Suncorp, Allianz Australia Insurance, and QBE Insurance Australia), and the Motor Accident Insurance Commission (MAIC) regulates the scheme.

Riders often assume that a single-vehicle crash rules out any claim, and that is not always the case. Where a road defect, an unmarked hazard, or another party’s negligence contributed to your crash, a claim may be available, sometimes against a party other than a CTP insurer. Where the vehicle that caused your crash cannot be identified, such as in a hit and run, or was uninsured, a claim may still be available against the Nominal Defendant. Whether any of these pathways apply turns on the facts of your crash, which is what a free case review is for.

You do not need to have owned or registered the motorcycle to make a claim, and learner and provisional riders injured by another road user’s negligence have the same right to claim as any other rider. What matters is whether someone else’s negligence caused or contributed to your injuries, not the bike you were on or the licence you held.

Queensland time limits for motor accident claims are strict, and the first formal step falls due well before any court deadline. We review the timeframes that apply to your situation at the outset, because acting early also lets us press the insurer to fund your treatment and rehabilitation sooner rather than later.

Common Motorcycle Accident Claims We Run

We act for motorcyclists hurt in a wide range of road incidents across Queensland. These are some of the claims we run for riders and their passengers.

Turning and Right-of-Way Collisions

When a driver turns across your path or fails to give way at an intersection, you take the full force of the impact with little around you for protection. We pursue the at-fault driver’s CTP insurer for the injuries and losses that follow.

Rear-End and Following-Distance Crashes

A driver who runs into the back of a stationary or slowing motorcyclist is rarely paying proper attention to the road. We gather the evidence that establishes fault and quantifies what the crash has cost you.

Lane-Filtering Incidents

Lane filtering is lawful in Queensland under set conditions, yet riders are still struck by drivers who change lanes or open doors without looking. Where another road user’s negligence caused your injuries, you have the right to make a claim.

Road-Hazard and Single-Vehicle Crashes

Some motorcycle crashes involve no other vehicle at all, but a pothole, a spilled load, or a poorly maintained road surface. Where a road authority or another party’s negligence contributed, we investigate whether a claim is available, including outside the CTP scheme.

Hit-and-Run and Uninsured Drivers

If the vehicle that caused your crash left the scene or was uninsured, you are not necessarily without a remedy. Claims can be made against the Nominal Defendant under the Queensland CTP scheme.

Pillion Passenger Claims

Passengers injured on a motorcycle have their own right to claim, whether the rider or another driver was at fault. We advise pillion passengers on the pathway that applies to them.

Speak With a Queensland Motorcycle Accident Expert

If you have been injured in a motorcycle accident, a free case review is the place to start. Our team includes Queensland’s largest team 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

1

Initial Review

Your first conversation with us is a free case review, with no cost and no obligation to proceed afterwards. Your compensation lawyer will obtain and review the relevant documents, discuss how the CTP scheme applies to your crash, and provide you with guidance as to what rights you may have and what the process involves.

2

Investigating and Lodging a Damages Claim

If another road user’s negligence caused or materially contributed to your injuries and you choose to proceed, we lodge the Notice of Accident Claim with the responsible CTP insurer and build your case. Your compensation lawyer runs the investigation, gathers the medical, economic and liability evidence, obtains expert reports, and quantifies your damages, which may include past and future loss of income, superannuation, care, future treatment, and pain and suffering.

3

Resolving at Conference or Court

Before a claim can be filed in court, there are pre-court steps to complete, including a compulsory settlement conference. We prepare, attend and negotiate for you. Where a fair resolution is not reached, we advise you on the prospects of court proceedings and run your claim through to a resolution.

Our Fees

We act on motorcycle accident claims on a no win, no fee basis. You do not pay our professional fees unless your claim succeeds. Learn more about our Lower Fee Promise.

In Queensland, there is a 50 per cent cap on the share of a settlement that a law firm can take in professional fees and outlays combined. Our professional fees are charged on the Federal Court scale plus GST, and we self-impose a one-third cap for peace of mind and to ensure that you receive the lion’s share of any settlement. We also fund the disbursements on your claim as it runs, rather than asking you to pay them along the way, with no interest charged.

What You Get When You Work With Us

We are a Queensland-dedicated compensation law firm, and we run motor accident claims as part of our wider personal injury practice. Every lawyer is an expert in Queensland schemes, and every office is in Queensland, in Brisbane, Sunshine Coast, Gold Coast, Cairns and Innisfail.

Our team includes Queensland’s largest team of QLS Accredited Specialists in Personal Injury Law, and we act for injured motorcyclists in every part of the state.

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 Motorcycle Accident Claims in Queensland

Motor accident claims in Queensland have strict time limits. The Notice of Accident Claim is generally due within nine months of the accident or the first appearance of symptoms, or within one month of first consulting a lawyer about the claim, and court proceedings generally must start within three years. Because the earliest time limit can fall quickly, the safer approach is to get advice from a compensation expert rather than assuming an option has closed.

AI tools can give you a general overview of CTP and compensation law, but they cannot account for the case-specific facts that determine whether you have a viable claim. AI commonly gets Queensland time limits wrong, makes categorical statements about viability that no firm can responsibly make without a proper review, and quotes dollar figures that do not reflect individual circumstances. Treat AI as a starting point only, not as legal advice, and seek a qualified compensation expert for a proper review of your particular situation.

A CTP damages claim is made up of several heads of damage. These may include general damages for pain and suffering, past and future loss of income and superannuation, the cost of medical and rehabilitation treatment, and paid or gratuitous care. The size of any award is case-specific and can only be assessed accurately once the medical and other evidence is to hand. Because a claim generally cannot be reopened once it settles, we make sure your injuries have stabilised before advising you on any offer of settlement.

Possibly. Queensland law allows a claim to proceed even where the injured rider was partly responsible, through a reduction for contributory negligence rather than a complete bar to the claim. How fault is apportioned turns on the facts of the crash, and it is an area where experienced advice makes a real difference to the outcome. We assess the liability picture with you at the free case review.

You may still have a claim. Where the vehicle that caused your crash cannot be identified, such as in a hit and run, or was uninsured, the claim is brought against the Nominal Defendant under the Queensland CTP scheme. Different evidence and early notice and other requirements apply to these claims, so early advice is particularly important in matters of this type.

Once a CTP insurer has admitted liability, it is generally obliged to meet reasonable and appropriate medical and rehabilitation expenses while your claim runs. Where you are entitled to rehabilitation funding, we liaise with the insurer, put arrangements in place with your treatment providers, and hold the insurer to its obligations, so you can focus on your recovery.

Where to Go From Here

If you have been injured in a motorcycle 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 team of QLS Accredited Specialists in Personal Injury Law, working from five offices across the state.

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