Motor and Car Accident Lawyers Queensland

Expert Queensland car and road injury lawyers with offices across Queensland including Brisbane, Gold Coast, Sunshine Coast and major regional centres. Free initial advice and 100% risk-free claims with no upfront costs and our No Win, No Fee, No Catch® promise.

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.

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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.

Gather Evidence

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.

It's important to remember that every case is unique. To understand your legal rights and eligibility to make risk-free car or road accident compensation claim, request a free case review with our experts now.

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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.

Understanding the Compulsory Third Party (CTP) Scheme

What is a Third Party (CTP) Insurance Scheme?

The provision for these claims is facilitated by what's known as the Compulsory Third Party (CTP) Insurance Scheme. This mandatory insurance comes with vehicle registration in Queensland.

Does CTP Insurance apply to me if I’m at-fault?

Should you be the at-fault driver, potential financial ruin from personal injury claims is averted, as the CTP Insurance takes up these costs. This means other road users you injured including the passengers of your own vehicle can make a claim without it having a negative impact on yourself.

Does CTP Insurance apply to me if I’m not at-fault?

Whether you are a driver, a passenger, a pedestrian, a cyclist, a motorcyclist, or a truck driver, the CTP scheme covers you. Additionally, in the unfortunate event of fatal accidents, the policy extends to provide a safety net for the dependents of the deceased.

The Claims Process: Step-by-Step Guide to Obtaining Compensation

Engage a lawyer

Your car and road injury claims lawyer will review your case, gather initial evidence, advise you on the best course of action, and start the claim process.

File a Notice of Accident Claim Form

Your lawyer will help you to file this document accurately. This claim form notifies the party at fault and their CTP insurer that you intend to pursue a common law claim for compensation.

Fact-finding and liability establishment

During this phase, your lawyer will conduct extensive research, collect necessary evidence, and work tirelessly to establish fault for the accident.

Negotiation with insurers

Once liability is determined, your lawyers will negotiate with the at-fault party's insurance agency on your behalf to obtain fair compensation.

Mediate to agree settlement

An out of court (office) meeting known as a "compulsory conference" is arranged where yourself, your lawyer and a barrister meet with the legal representatives of the at fault parties CTP insurer. The vast majority of settlements are made before court at this stage.

  • If a fair settlement cannot be reached, your lawyer will prepare and file a lawsuit. This step only takes place if absolutely necessary and with your approval.
Tax-free lump sum settlement

Once your matter is settled, you receive a tax-free lump sum settlement. In the unlikely event the claim is not successful, there is nothing to pay us, or the other side.

Calculating Compensation: How Much Can You Expect to Receive?

Some of the key things you can claim for include:

Medical expenses

This encompasses immediate emergency treatment, surgeries, physiotherapy, medications, and any ongoing medical needs related to the injury.

Loss of Earnings

If you're unable to work, either temporarily or permanently, due to the accident, you can claim for lost wages and future loss of earnings.

Pain and Suffering

Compensation can be provided for the physical pain and emotional distress caused by the accident and its aftermath.

Home modification costs

If your injury necessitates changes to your living arrangements, such as wheelchair accessibility features, these costs can be accounted for.

Out-of-pocket expenses

Any miscellaneous expenses incurred as a result of the accident, such as transport to medical appointments, can be recovered.

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.

Recovery prognosis

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.

Income loss

The more income you lose because of the accident, including future predicted loss of earnings, the higher your compensation could be.

Personal circumstances

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.

It's important to note that the calculation of these damages is complex and requires expert legal knowledge. Therefore, it is highly recommended that you seek the advice of a qualified lawyer who can guide you through the process and ensure you receive the compensation you deserve.

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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.


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Motor and Car Accident Lawyers Queensland  FAQ's

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Are there any upfront costs or risks?

No, there are no upfront costs or risks of being left out of pocket.

Conventional 'no win, no fee' agreements typically come with a hidden catch: if your case proceeds to court and is not successful, the burden of the other side's legal expenses might fall on your shoulders, potentially amounting to a considerable sum.

Smith's Lawyers offer a fully risk-free compensation guarantee: No Win, No Fee, No Catch®. On the rare occasion that your claim is pursued in court and the decision is not in your favour, our assurance is to absorb all expenses - sparing you the need to pay anything to us, or the other side.

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Common Injuries in Car Accidents: From Whiplash to Broken Bones

Car crashes and road-related mishaps in Queensland commonly result in a variety of injuries. These injuries can range from minor to severe, and in some cases, may have life-altering consequences:

  • Whiplash: This is a neck injury due to forceful, rapid back-and-forth movement of the neck, often as a result of a rear-end car collision. Symptoms may include neck pain, stiffness, and headaches.
  • Broken bones: Impact during a car crash can cause fractures in any part of the body, the most common ones being broken arms, legs, ribs, and collarbones.
  • Traumatic brain injuries: These are serious injuries to the brain due to a violent blow or jolt to the head during a collision. Symptoms can include headaches, nausea, and loss of coordination.
  • Spinal cord injuries: These often occur in severe crashes. Depending on the site and severity of the injury, loss of motor function or paralysis may occur.
  • Burns: Car crashes involving fire or extreme heat can result in burn injuries of varying severity. Burns may lead to infections, scarring, and even death in serious case
  • Internal injuries: These include injuries to organs, blood vessels, or the heart and can be life-threatening if not immediately diagnosed and treated.

It's vital to seek medical help quickly after a car accident, even if you feel okay. Symptoms for some injuries, like internal ones, may not appear straight away.

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Common causes of car and road injuries in Queensland

Approximately 40,000 people are injured in car accidents in Queensland each year and some of the most common causes include;

  • Distracted Driving: In Queensland, distracted driving stands as one of the primary causes of car accidents. This includes any activity that diverts attention from driving, such as texting, eating, or answering a phone call.
  • Speeding: Driving over the speed limit is a common cause of car injuries. Areas such as Gold Coast and Sunshine Coast, renowned for their fast-paced highways, often record high speeding incidents.
  • Impaired Driving: The influence of alcohol or drugs can significantly impair one's driving skills, leading to severe, sometimes fatal accidents.
  • Reckless Driving: Careless behaviour on the road, such as tailgating or changing lanes without signalling, is another major cause of road injuries in Queensland.
  • Fatigue: Long stretches of road in rural Queensland, such as the Bruce Highway, can lead to driver fatigue, making it a significant risk factor for accidents.
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How Long Do Car Accident Injury Claims Take?

The duration of car accident injury claims has a large degree of variance, primarily based on the unique circumstances enveloping each case. However, it's generally observed that the process may take around 18 months.

Several factors contribute to this timeframe:

  • Injuries needing to settle: If an injury is very recent then it may be difficult to accurately estimate future loss of earnings and all medical costs. Therefore time is needed for recovery and the injury to settle to make a stronger case for future costs and lost earnings.
  • Case Complexity: More complex cases, particularly those involving severe injuries or disputations around the blame, tend to draw out proceedings.
  • Proving Liability: Establishing who's at fault can often be contentious, and may require extensive investigation, and thus more time.

In this often complex and time-consuming process, it is crucial to seek professional advice to ensure your claim is handled efficiently and effectively. 

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Who pays for car and road accident injury compensation?

In Queensland, the financial responsibility for car and road accident compensation claims lies with the Compulsory Third Party (CTP) insurer of the party determined to be at fault. This is included in everyone's vehicle registration payments and the at-fault driver does not incur any costs themselves.

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What if the CTP Insurer Disputes Liability?

Liability disputes can occur with CTP insurers. The insurer might argue that their policyholder wasn't at fault or that your injuries aren't as severe as claimed. However, this shouldn't deter you from pursuing your rightful compensation. Expert lawyers will investigate the claim and present evidence to help argue for rightful liability.

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Can I still claim if the at-fault driver was uninsured or I didn't get their details?

Yes, in instances where the at-fault driver is uninsured or their details are unknown, claiming compensation for car accident injuries in Queensland is still possible. However, a different process is followed by invoking the Nominal Defendant scheme. 

The Nominal Defendant is a statutory body in Queensland designed to provide a source of compensation for individuals injured in motor accidents due to the negligence of unidentified or uninsured motorists. Therefore, even if you cannot identify the at-fault driver or they were uninsured, the Nominal Defendant becomes the 'virtual' insurer providing the necessary compensation

However, it's crucial to be conscious of the time constraints. You must lodge a notice of accident claim form (to MAIC) within three (3) months of the accident date or, if symptoms of the injury were not immediately apparent, within three (3) months of the first appearance of symptoms. 

Remember, the clock starts ticking from the date of the accident, so it's vital to act quickly. Time is of the essence, and delays could potentially jeopardise your compensation claim.

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

Take our 2-minute free claim check

Fill in the form below to find out if you have a claim.