If you've sustained injuries in a motor vehicle accident in Queensland for which you were not at fault, you may be entitled to compensation.
As part of vehicle registration in Queensland, any road user injured due to the fault of another driver may be eligible for injury compensation via the CTP (compulsory third party) insurance policy of the at-fault driver. This is the insurance that comes with vehicle registration in Queensland.
All road users injured by a motor vehicle are protected, including drivers, passengers, truck drivers, motorcyclists, cyclists and pedestrians.
Our expert car and road injury experts at Smith's Lawyers offer free initial advice to explain your options. All claims are run on a 100% risk-free basis with no upfront costs with our No Win, No Fee, No Catch® promise. You're not liable for any costs unless we achieve a successful outcome for your claim. We service all regions of Queensland.
Strict time limits apply. Seek free initial advice to check your rights.
Fill in the form below to find out if you have a claim.
What should you do after a car or road accident?
Experiencing a car or road accident can be overwhelming. Taking the right actions will not only aid your recovery but also help ensure you retain your legal entitlements. The following should be done where possible after an accident.
Seek immediate medical help
Immediately assess your own injuries and those of other passengers. Even if injuries seem minor, it is crucial to pursue professional medical help as some symptoms become apparent later on.
Report the Accident
Call 000 to seek police and ambulance from the scene if any injuries are known at that point. If an injury does not become apparent until after leaving the scene then report to your local police station as soon as possible. Only accidents where no injury occurred can be reported online via Policelink. Remember to retain a copy of the police report for your records.
Document the scene by taking photographs or videos and jotting down the details of the incident. Remember to collect contact and insurance details from other involved parties.
Notify Your Insurance Company
Make a report to your insurer in accordance within their notification period.
Track Medical Expenses
Keep a detailed record of medical expenses, loss of income, and other costs incurred as a result of the accident. This will be instrumental in calculating your compensation claim.
Seek legal advice
As soon as you're able, seek initial legal advice to understand your rights and the potential for an injury compensation claim. Smith’s Lawyers are experts in Queensland car and road injury claims and can provide free initial advice and run all claims on a risk-free basis: No win, No fee, No Catch® promise.
Your Rights to Injury Compensation After a Car Accident in Queensland
In Queensland, if you've been involved in a car or motor vehicle related accident due to the fault of another driver, it's important to understand that you have a right to seek compensation for any injuries sustained. Compensation claims can cover factors including medical expenses, loss of wages, psychological suffering and, in severe cases, disability support and home modification costs.
Calculating Compensation: How Much Can You Expect to Receive?
Some of the key things you can claim for include:
Key Factors That Impact The Value Of Your Claim
Younger claimants often receive higher settlements due to the longer-lasting impact of an injury on their life.
The severity of the injury
More severe injuries typically result in higher settlement amounts due to increased medical costs and potential long-term effects.
If you're expected to fully recover, your claim may be less than if your injuries will affect you for a prolonged period or permanently.
The more income you lose because of the accident, including future predicted loss of earnings, the higher your compensation could be.
Other factors, such as your physical condition prior to the accident, and any impact the accident has had on your life outside of work are also considered.
Time Limits for Road Injury Claims in Queensland
In Queensland, if you're making a claim after a car accident, deadlines are vital. You should know there are specific time limits for: lodging a claim with the Motor Accident Insurance Commission (MAIC) for Compulsory Third Party (CTP) and; to the commencement of legal proceedings under common law (making a compensation claim with a lawyer).
Notice of Accident Claim
The initial Notice of Accident Claim form must be submitted to the CTP Insurer within 9 months of the accident or from when symptoms of the injury become evident.
Fail to adhere to these timelines, and you may forfeit your right to pursue a claim, unless you are granted an extension by demonstrating 'reasonable excuse' for the delay. This timeframe is just 3 months when the other driver is not known (hit and run).
Once you retain legal representation then this form must be made within 1 month of the initial consultation.
Common Law Compensation Claim
Regarding common law claims (compensation claim with a lawyer), the designated timeframe for initiating a lawsuit is typically within three years from the date of the accident.
However, exceptions exist, especially for claimants who were underage at the time of the accident. In such cases, the three-year limit doesn't start until the claimant reaches 18 years old, potentially extending the window considerably.
To avoid missing any time limits and to ensure strong reliable evidence can be gathered, it’s recommended to seek professional legal advice as soon as possible.
Motor and Car Accident Lawyers Queensland FAQ's
Get expert advice today
To check your compensation entitlements, request a free case review with our expert car accident lawyers. We can explain your options to road accident injury claims so you are clear on your rights during this difficult time