If you’ve been injured in a car accident in Queensland, you may be entitled to compensation.
- Every registered vehicle has CTP insurance (Compulsory Third Party)
- This covers injuries caused by the at-fault driver
- You can claim through their CTP insurer
To start your claim:
- Complete a Notice of Accident Claim (NOAC) form
- Send it to the at-fault vehicle’s insurer
Time limit: You have 9 months from the accident date to lodge your claim.
Understanding Your Rights After a Car Accident
Queensland's CTP scheme is managed by the Motor Accident Insurance Commission (MAIC) and is governed by the Motor Accident Insurance Act 1994 (Qld).
It is a fault-based scheme. That means you can only claim if someone else caused or contributed to the accident, also known as negligence.
What is CTP insurance and how does it work?
CTP insurance is a compulsory policy built into every Queensland vehicle registration. It covers injuries, not damage to vehicles. If another driver causes a crash that injures you, their CTP insurer is responsible for paying your compensation.
You can search for the insurer that covers the at-fault driver on the MAIC online portal using the vehicle's registration number.
What does ‘negligence’ actually mean?
To claim compensation, you need to show the other driver was negligent. In plain English, that means they failed to drive with the level of care a reasonable person would use in the same situation.
Under the Civil Liability Act 2003 (Qld), negligence has three parts. The other driver owed you a duty of care (a legal obligation to drive safely). They breached that duty (they did something unsafe or failed to do something safe). That breach caused your injury.
Common examples include:
- Running a red light
- Failing to give way
- Tailgating
- Driving while distracted
- Driving under the influence
What is contributory negligence?
Contributory negligence means you were partly at fault for the accident. In Queensland, being partly at fault does not prevent you from claiming. It just reduces the amount you receive proportionally.
For example, if your total compensation is assessed at $150,000 but you are found 30% at fault, you would receive $105,000.
Factors that may contribute to a finding of contributory negligence include:
- Not wearing a seatbelt
- Not wearing a helmet (motorbike or bicycle)
- Receiving a traffic infringement related to the accident
Your Rights and Obligations
Compensation for a CTP claim in Queensland can cover both your immediate losses and the long-term impact of your injuries.
What you can claim:
- Medical and hospital expenses (past and future), including surgery, physiotherapy, medication, and rehabilitation
- Lost income if your injury stops you from working, including past wages and future earning capacity
- Lost superannuation contributions that your employer would have made while you were working
- General damages (compensation for pain, suffering, and loss of quality of life), calculated using the Injury Scale Value (ISV) system under the Civil Liability Act 2003 (Qld) (See Schedule 3)
- Care and domestic assistance, including help at home from family members or paid carers
- Travel expenses for medical appointments
- Loss of servitium, a lesser-known type of compensation where your spouse or partner can claim separately for the loss of your domestic services and companionship. This applies when your injuries meet a threshold of more than $58,090 in general damages (2025-26 financial year)
What you must do:
- Report the accident to the police if anyone is injured, a vehicle needs towing, or a driver fails to provide details
- See a doctor as soon as possible and get a medical certificate linking your injuries to the accident
- Lodge your NOAC form with the at-fault driver's CTP insurer within 9 months of the accident
- Cooperate with reasonable rehabilitation and medical assessments arranged by the insurer
- Begin court proceedings within 3 years of the accident if your claim did not reach a settlement
Statutory Benefits vs Common Law Damages
Queensland's CTP scheme has two layers of compensation: statutory benefits and common law damages.
Understanding the difference matters because it affects what you can claim and how much compensation you’re entitled to.
Please note that ISV (Injury Scale Value) is a system used under Queensland law to assign a value to your injury, which helps determine how much compensation for pain and suffering you may receive.
The maximum general damages payable in Queensland for accidents after 1 July 2025 is $468,325 under the Civil Liability Regulation 2025 (Qld), which replaced the Civil Liability Regulation 2014. This applies to the most catastrophic injuries with an ISV of 100.
Step-by-Step: How a CTP Claim Works
1. Get medical treatment
See a doctor as soon as possible. Ask for a medical certificate that describes your injuries and links them to the car accident. This is the single most important document in your claim.
2. Report the accident
Report the crash to the police, especially if anyone was injured. Keep a copy of the police report number.
3. Lodge your NOAC form
Complete the Notice of Accident Claim form and send it to the at-fault driver's CTP insurer. You can lodge online through the MAIC eNOAC portal or download the form from MAIC. You must do this within 9 months of the accident. If you have a solicitor, the form must be given to the insurer within 1 month of your first consultation.
4. Insurer assesses liability
The insurer has up to 6 months from receiving your NOAC to decide whether they accept fault. During this time, they may agree to fund your medical treatment and rehabilitation while they investigate.
5. Treatment and rehabilitation
The insurer funds reasonable and necessary treatment for your accident-related injuries. This can include GP visits, physiotherapy, psychology, surgery, and return-to-work support.
6. Injuries stabilise
Your claim is usually not settled until your injuries have stabilised. This means your doctors can assess the long-term impact. Rushing to settle before this point often results in lower compensation.
7. Compulsory conference
Under the Personal Injuries Proceedings Act 2002 (Qld), a compulsory conference must take place before court proceedings can start. This is a structured settlement meeting where both sides exchange their positions and make mandatory final offers. Many claims settle at or shortly after this stage.
8. Settlement or court
If the compulsory conference resolves the claim, you receive your settlement. If it does not, court proceedings must be started within 60 days of the conference. The vast majority of CTP claims in Queensland settle without going to court.
Common Scenarios and Questions
Can I still claim if the accident was partly my fault?
Yes. Queensland law allows you to claim even if you contributed to the accident. Your compensation is reduced by the percentage to which you were at fault. If you were 25% responsible and your claim is worth $200,000, you would receive $150,000.
What if I were a passenger?
Passengers can almost always claim. As a passenger, you are rarely at fault for a car accident. You claim against the CTP insurer of the vehicle whose driver caused the crash. If multiple drivers were at fault, including the driver of the car you were in, you can claim against all insurers.
What happens if the other driver was not insured or cannot be identified?
You can still claim. If the at-fault vehicle was unregistered or uninsured, or if the driver cannot be identified (such as in a hit-and-run), you lodge your claim with the Nominal Defendant through MAIC. The Nominal Defendant acts as the insurer in these cases.
Can I also claim through the income protection insurance I hold with my super??
Yes, and this is separate from your CTP claim. Many Australians have income protection and TPD (Total and Permanent Disability) insurance inside their superannuation fund without realising it.
If your car accident injuries stop you from working, you may be able to claim on these policies in addition to your CTP compensation.
Check your super fund statement or call your fund to find out what cover you have. A solicitor experienced in both CTP and superannuation claims can help you understand whether you are eligible and how to claim without one affecting the other.
What about catastrophic injuries?
The National Injury Insurance Scheme Queensland (NIISQ) provides lifetime support for the most serious injuries. If your car accident caused a permanent spinal cord injury, traumatic brain injury, severe burns, multiple amputations, permanent brachial plexus injury, or permanent blindness, you may be eligible for NIISQ.
NIISQ is a no-fault scheme, meaning you can receive support regardless of who caused the accident. It covers lifetime treatment, care, and support.
What if I missed the 9-month NOAC deadline?
You can still lodge, but you need a reasonable excuse for the delay. The 9-month deadline is strict and extensions are not granted easily.
If you have a genuine reason for missing it, such as being hospitalised or not knowing you could claim, include your explanation with your late NOAC form. Getting legal advice early on avoids this issue entirely.
Legal Framework
The following Queensland legislation governs car accident compensation claims:
- The Motor Accident Insurance Act 1994 (Qld) sets out the CTP scheme, who can claim, and how claims are processed.
What this means for you: This is the main law that creates your right to claim compensation after a car accident in Queensland.
- The Civil Liability Act 2003 (Qld) defines negligence, duty of care, and how compensation for pain and suffering is calculated using the ISV system.
What this means for you: This law determines how much your pain and suffering is worth and sets the rules for proving fault.
- The Personal Injuries Proceedings Act 2002 (Qld) sets out the steps that must happen before a claim can go to court, including the compulsory conference.
What this means for you: You must follow these steps before starting court action. Most claims settle during this process.
- Limitation of Actions Act 1974 (Qld) sets the 3-year time limit for starting court proceedings.
What this means for you: If you do not start proceedings within 3 years of the accident, you may permanently lose your right to claim.
- The National Injury Insurance Scheme Act 2016 (Qld) establishes the NIISQ scheme for catastrophic injuries.
What this means for you: If your injuries are catastrophic, you can access lifetime treatment, care, and support regardless of fault.
When to Get Legal Advice
You do not need a solicitor to start a CTP claim. But there are situations where having one can make a significant difference to your outcome.
Consider getting legal advice if:
- The insurer has denied liability or is disputing fault
- You have been offered a settlement and are unsure whether it is fair
- Your injuries are serious or ongoing, including surgery, chronic pain, or psychological injury
- You were partly at fault and the insurer is arguing a high percentage of contributory negligence
- You have missed or are close to missing the 9-month NOAC deadline
- The insurer has arranged an Independent Medical Examination (IME) and you are unsure of your rights
- Your claim involves multiple vehicles or complex liability
Why representation matters in practice:
Insurers are large, well-resourced organisations that handle thousands of claims each year.
If you don’t have a solicitor:
- There is no realistic pathway to court
- The insurer faces less risk
- You may receive a lower settlement offer
If you do have a solicitor:
- Your claim can proceed to a compulsory conference
- It can go to court if needed
- The insurer must negotiate with someone who has legal expertise and leverage
The result:
- Most claims still settle without going to court
- But they often settle for higher amounts
What the data shows
- MAIC data shows higher average settlements for legally represented claimants
- This trend is consistent across reporting years
- Differences can reflect claim complexity, but the pattern remains clear
While many believe that seeking legal representation creates more hostility and conflict, in truth, it’s a valuable resource in a claimant’s toolbox.
Key Takeaways
- You have the right to claim CTP compensation if another driver was at fault for a car accident in Queensland. You can claim as a driver, passenger, pedestrian, cyclist, or motorcyclist.
- The 9-month NOAC deadline is critical. Lodge your Notice of Accident Claim form with the CTP insurer within 9 months of the accident. Missing this deadline makes your claim significantly harder.
- You can claim even if you were partly at fault. Contributory negligence reduces your compensation but does not eliminate your right to claim.
- Compensation covers more than medical bills. You can claim for lost income, lost super, pain and suffering, care needs, travel costs, and in some cases, your partner can claim for loss of your domestic services.
- Check your superannuation for additional cover. Income protection and TPD insurance inside your super fund can provide additional payments on top of your CTP compensation.
- Legal representation changes the negotiation dynamic. MAIC data shows a significant gap between average settlements for represented and unrepresented claimants.
Get Help Now
If you’re concerned about your rights following an injury in a car accident, Smith's Lawyers offers a no-obligation review of your situation with no upfront cost. A member of our expert team will assess your case, explain your options and let you know the best course of action.
Contact Smith's Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation about your situation
- No upfront costs: We operate on a No Win, No Fee, No Catch® basis; you only pay if we secure compensation for you
- Or request a call back: Use the form below to have someone from our motor injury team get in touch at a time that’s convenient for you.
