If you’ve been injured in a car or motor vehicle accident in Brisbane or Queensland due to someone else's fault, you may be entitled to claim compensation.
A motor vehicle accident claim can play a crucial role in your recovery, assisting with medical costs, lost income, and other expenses related to your injury.
Compulsory third party (CTP insurance) which comes with vehicle registration provides cover for motor vehicle accident injury claims. A claim is made against the CTP insurance company of the at-fault driver.The legal process can feel daunting, especially if you're focused on your health. We provide free initial advice and no-obligation appointments. If you have a valid case, our motor vehicle accident lawyers will run your case with no upfront costs and no financial risks with our No Win, No Fee, No Catch® promise. No legal fees are payable unless we successfully secure you compensation.
Expert legal representation is crucial after a car accident injury. Request a free and no-obligation accident claims check today.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After a Road or Car Accident Injury in Brisbane or Queensland
If you've been injured in a car accident on Brisbane's busy roads or anywhere in Queensland, you may not be aware of your legal rights.
Under Queensland law, you may be entitled to claim compensation if your injuries were caused by someone else's negligence. The compulsory third party insurance (CTP) which comes with vehicle registration covers the costs of injury compensation rather than the individual at fault.
Here's a breakdown of your rights after a car accident injury:
- Right to Fair Compensation: If another driver's negligence or breach of duty caused your accident, you have the right to seek compensation for your medical expenses, lost income, pain and suffering, and ongoing care needs arising from the accident.
- Right to Legal Representation: You don't have to navigate the claims process alone. An experienced motor vehicle accident lawyer can advise you of your rights, gather evidence, negotiate with insurance companies on your behalf, and ensure you receive fair compensation for your injuries.
Expert Brisbane motor vehicle accident lawyers can help ensure you receive the maximum compensation available to help you recover from your injuries and move forward with your life.
- Speeding: Excessive speed is a significant issue in Brisbane, especially on major roads like the Pacific Motorway and Gateway Motorway.
- Driver Distraction: Distractions, particularly mobile phone use, are a major cause of accidents in Brisbane.
- Inattention: Lack of attention to the road and surroundings is another common cause of accidents. This is particularly problematic during peak hours on busy routes such as the Inner City Bypass or Coronation Drive, where traffic congestion requires constant vigilance.
- Drunk Driving: Alcohol-impaired driving is a persistent issue in Brisbane. Incidents tend to increase during festive periods and on weekends, especially in areas with vibrant nightlife like Fortitude Valley and West End.
Failure to Obey Traffic Signals: Disobeying traffic signals is a common cause of accidents in Brisbane. Intersections with complex traffic light systems, such as the junction of Lutwyche Road and Kedron Park Road with Gympie Rd in Kedron (578 red light notices in 2021), can be particularly problematic if drivers fail to adhere to the signals.
- Speeding: Excessive speed is a significant issue in Brisbane, especially on major roads like the Pacific Motorway and Gateway Motorway.
- Driver Distraction: Distractions, particularly mobile phone use, are a major cause of accidents in Brisbane.
- Inattention: Lack of attention to the road and surroundings is another common cause of accidents. This is particularly problematic during peak hours on busy routes such as the Inner City Bypass or Coronation Drive, where traffic congestion requires constant vigilance.
- Drunk Driving: Alcohol-impaired driving is a persistent issue in Brisbane. Incidents tend to increase during festive periods and on weekends, especially in areas with vibrant nightlife like Fortitude Valley and West End.
Failure to Obey Traffic Signals: Disobeying traffic signals is a common cause of accidents in Brisbane. Intersections with complex traffic light systems, such as the junction of Lutwyche Road and Kedron Park Road with Gympie Rd in Kedron (578 red light notices in 2021), can be particularly problematic if drivers fail to adhere to the signals.
- In 2022, there were several thousand road crashes in the Brisbane region, resulting in 45 fatalities (including Redland and Moreton Bay regions) of which 82% were male.
- The most common cause of road accidents in Brisbane is speeding, followed by driver fatigue and distraction.
- The average age of a driver involved in a fatal Brisbane road crash is 36.
- Males are more likely to be involved in fatal road accidents than females.
- About 40% of fatal Brisbane road accidents involve alcohol.
- Nearly 40% of Brisbane region road fatalities were motorcycle riders despite only 5% of registered vehicles being motorcycles. Queensland has Australia's highest level of motorcycle fatalities.
- About 20% of fatal road accidents in Brisbane involve drivers who are not wearing seatbelts.
Here are some of the most common car accident hotspots and stats in Brisbane:
- The Pacific Motorway (M1): Particularly around Eight Mile Plains and the Gateway Merge, the Pacific Motorway is a hotspot for road accidents due to the high volume of traffic and regular roadworks as part of the Pacific Motorway M1 upgrade program.
- Ipswich Motorway: As an important route connecting Brisbane to Ipswich, the Ipswich Motorway, particularly around Rocklea, is often the site of accidents.
- Gateway Motorway: This critical north-south corridor, especially near the Deagon Deviation, is known for high-speed collisions and incidents involving heavy vehicles.
- Gympie Road, Chermside: This road has been ranked as Brisbane's worst non-motorway crash hotspot several years in a row. It is a major arterial road that connects the city with the northern suburbs, and is often congested with traffic.
- Logan Road, Mount Gravatt: This road is another major arterial road that is prone to accidents. It is a busy road with a lot of traffic, and is also home to a number of schools and one of Brisbane’s largest shopping centres, Westfield Garden City.
- Morayfield Road, Morayfield: This road is located in the northern suburbs of Brisbane, and is a major route for commuters and freight traffic. It is also a winding road with a number of sharp bends, which can contribute to accidents.
- Ipswich Road, Annerley: This road is a major east-west road that connects the city with the southern suburbs. It is a busy road with a lot of traffic, and is also home to a number of schools and shopping centres.
Browns Plains Road, Browns Plains: This road is located in the south-west suburbs of Brisbane, and is a major route for commuters and freight traffic
Motor Vehicle Accident Claim Process
Here are the usual steps in road and car accident claims.
Remember: Your claim may involve more steps than this. This is a general guide to give you an idea of what could happen. If you want to pursue a claim, you should seek professional legal advice from expert personal injury lawyers to better understand how your claim could look. Smith's Lawyers offer a free case review that could help you understand your options.
The first step is to contact a law firm that specialises in car accident compensation claims. Such a firm will have the necessary expertise and understanding of the complexities of Queensland law and can confirm your legal options including eligibility to make a claim.
After an initial phone assessment, the next stage is a no-obligation consultation to explain the personal injury claims process and client agreement in more detail and to gather initial key information relating to your accident and injury to help assess your case and your injury and identify the liable party. The client agreement will also be explained so you can understand the terms under which the personal injury law operates on. Smith’s Lawyers runs all claims risk-free with no upfront costs.
Once your compensation matter is opened you will be allocated a personal injury lawyer who will start gathering the required evidence to build a strong case and to determine liability. This may include medical evidence, accident reports, witness statements, CCTV or dash cam footage or documentation of any loss of earnings due to your injury. Further down the track when your injuries have settled, your law firm may arrange for independent medical assessments such as occupational therapy assessment to assess your ability to work, long term recovery prospects and so on.
Your personal injury solicitor will lodge a notice of claim and negotiate on your behalf with the liable parties, typically with their insurance companies (or their legal representatives) such as the CTP insurer of the at-fault party for car and road accidents or WorkCover QLD for workplace accidents.
Negotiations with the insurance company aim to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
Most cases are settled out of court in a compulsory conference, an office based meeting involving yourself, your personal injury solicitor and a barrister they have engaged to lead the negotiations along with the legal representatives of the at-fault party's insurer.
In the unlikely event that a settlement cannot be negotiated out of court, proceedings can proceed to court. In most ‘no win, no fee’ agreements, you could be liable for the other side's legal costs if your case is not successful in court. Smith’s Lawyers No Win, No Fee, No Catch® promise protects you from this risk and means you cannot not be out of pocket.
If your claim is successful, you will receive a lump-sum tax free compensation settlement. The amount received will depend on different factors, including the severity of your injury, any impact on your earning capacity, and any medical expenses incurred.
Remember: Your claim may involve more steps than this. This is a general guide to give you an idea of what could happen.
If you want to pursue a claim, you should seek professional legal advice from expert personal injury lawyers to better understand how your claim could look. Smith's Lawyers offer a free case review that could help you understand your options.
How Are Motor Vehicle Accident Claim Payouts Calculated?
Car and road accident injuries can range from mild to severe, impacting people's lives in vastly different ways. As a result, compensation for car accident injuries varies significantly. Here's a breakdown of the key factors that determine your potential compensation amount:
- Severity of Injuries: The extent and long-term impact of your injuries are crucial. Medical reports, specialists' assessments, and your own account of how the injuries have changed your life will help determine this.
- Medical Expenses (Past and Future): Your claim covers past medical costs like hospital stays and rehabilitation. It also factors in anticipated future medical expenses, like physiotherapy, medication, and potential surgery.
- Lost Income and Earning Capacity: If your injuries prevent you from working or reduce your ability to earn, these economic losses are one of the biggest factors in calculating your settlement amount. Compensation calculations consider your age, income, occupation, and how the accident has impacted your career.
- Pain and Suffering: This aims to compensate you for the physical and emotional distress caused by the accident. While challenging to quantify, it considers the intensity and duration of your suffering.
- Care and Assistance: If you now require assistance with daily tasks, transportation, or home modifications due to your injuries, these costs are factored into your compensation.
Important Note: Even people with similar injuries may receive very different compensation amounts. Individual circumstances play a significant role, mainly relating to different economic losses. Think of a young tradie whose promising high earning career is halted versus someone a few years from retirement in a job which is only minimally impacted by the injury.
Get Expert Advice: A qualified Brisbane car accident injury lawyer can carefully assess all these factors, advocate on your behalf, and fight for fair compensation. Smith's Lawyer team will explain your rights, the claims process, time limits and how our risk-free promise ensures no legal fees unless your case is successful.
Motor Vehicle Compensation Time Limits
Strict time limits apply. Generally, you have three years from the date the injury occurred. However, initial stages required to run a personal injury claim are required earlier than this.
For motor vehicle-related injuries, in Queensland you have:
- Nine months from the date of the accident or when injuries first became apparent to lodge a Notice of Accident Claim Form (known as a 'NOAC') with the Compulsory Third Party Insurer (CTP Insurer). A “reasonable excuse for delay” can be provided outside the nine months, but must be within three years of the accident or you will be barred from making a claim.
- Or, you have one month from when you first consult with a lawyer about the possibility of making a claim to lodge the form. When running a claim with Smith’s Lawyers, your appointed solicitor will help you complete and submit this form. Note: This time limit is the earlier of the two (one month vs nine months), so if you have spoken to a lawyer about your potential claim, you must lodge the NOAC within one month.
- Where the motor vehicle at fault cannot be identified (such as in a hit and run) or the vehicle was unregistered, you have three months from the date of the accident to lodge a Notice of Accident Claim form with the Nominal Defendant. For these claims, if you have missed the three-month period, a reasonable excuse can be provided, but it must be provided within the standard nine-month limit otherwise you will be barred from making a claim.
- After the Notice of Claim Form is lodged, you have three years from the date of the accident/injury to start legal proceedings.
For work-related road injuries, in Queensland you have:
- Six months from when the entitlement to compensation arises (this is usually when the injury occurs or the day on which the individual is assessed by a doctor) to lodge a claim with WorkCover Queensland (or your employer's workers compensation insurer if self-insured). This is an essential first step for all cases regardless of fault.
- Three years from the date of the accident/injury to start court proceedings for a common law claim. These claims can be run in addition to a standard WorkCover claim where the negligence of your employer or another party caused or contributed to your accident and injuries.
It's also worth noting there are exceptions. For instance, for victims under 18, this three-year period doesn't start until their 18th birthday.
These time frames might seem like a lot of time, but setting your claim into motion can be a complex process with many legal requirements to navigate.
Seek legal advice: At Smith’s Lawyers, our team can help you understand these time limits and ensure you don't miss your chance for a claim. We offer Queensland-wide service with free and no-obligation case reviews. Our No Win, No Fee, No Catch® promise means you have nothing to lose in seeking your rightful compensation.
Car Accident Lawyers Brisbane
Our Brisbane office is located close to the river on Level 10 at 95 North Quay in the legal and court district of Brisbane CBD. Our office is directly next to the Voco Hotel and one block from W Brisbane hotel.
Opening hours
Closed on public holidays
Visiting us
So we can best serve you, please make an appointment with us on 1800 960 482 before visiting us.
How to reach us
Train
Roma St is the closest train station, 8 minutes walk, Central Station is 10 mins walk.
Bus
Many bus services come close to our office in North Quay including services to King George Square Bus Station which is 500m away, approximately 8 minutes walk. Check Translink journey planner or Google Maps for your best options.
Parking
Nearest car parks are: Nationwide Parking (85 North Quay) - a part of the Voco Hotel. Wilson Brisbane Quarter (300 George St) - enter through the W Hotel.
Car Accident Lawyer Brisbane FAQ's
Being in a car accident can be overwhelming. Follow these steps to protect yourself and your right to potential compensation:
1: Safety First: If possible, move your vehicle to a safe location out of traffic. Check yourself and others for injuries. Call Triple Zero (000) immediately if anyone needs medical attention.
2: Exchange Information: If it's safe to do so, get the following from the other driver(s):
- Name and contact details
- Driver's licence details
- Vehicle registration number
- Insurance company and policy number
3: Gather Evidence:
- Take photos of the accident scene, damage to vehicles, and any visible injuries.
- Note down the location, date, and time of the accident. Photos from your phone also help as they should record the time and location data.
- Get the names and contact information of any witnesses.
4: Report the Accident (If not done at the scene): Report the crash to the police if there are any injuries. Obtain a police report number for your records.
4: Seek Medical Attention: Even if you don't feel injured immediately, see a doctor as soon as possible. Some injuries may not show symptoms right away.
5: Contact a Brisbane Motor Vehicle Accident Lawyer: An experienced personal injury claims lawyer can guide you through the car accident claims process, explain your rights, and fight for the compensation you deserve.
Remember: Don't admit fault to anyone at the scene, and avoid signing any documents without legal advice.
Yes. If you've been injured in a car accident as a passenger in Queensland, you can make a compensation claim even if the at-fault driver is someone you know, like a partner, family member, or friend.
- CTP Insurance: Queensland has a Compulsory Third Party (CTP) insurance scheme. This insurance covers all drivers and passengers for injuries caused in motor vehicle accidents, regardless of who is at fault.
Claiming Against the Insurer: Your claim is made via the at-fault driver's CTP insurer, not the driver themselves. This means your claim won't financially impact them.
Car accident claims in Queensland typically take around 18 months. However, several factors can influence the timeframe. This can include disputes over who caused the accident (liability), the severity of your car accident injuries and how long it takes for them to stabilise. Expert motor vehicle accident lawyers can help navigate these complexities.
Compulsory Third Party (CTP) insurance is a type of insurance that all registered vehicles in Queensland must have and comes with your vehicle registration (rego). CTP insurance helps cover the costs of motor vehicle accident claims for injuries to drivers, passengers, cyclists, and pedestrians.
What a CTP claim covers: CTP insurance typically includes:
- Medical expenses for injuries
- Rehabilitation costs
- Lost income for those unable to work
- Compensation for pain and suffering in some cases
Who do you make a car accident claim from: If you're injured (and not the at-fault driver), your car accident claim is via the CTP insurer of the at-fault driver's vehicle.
Important Note: CTP insurance does NOT cover personal injuries for the at-fault driver. It does however protect the at-fault driver from the costs associated with other road users making a claim for injuries due to their negligence.
The vast majority of car accident compensation claims are settled without the need to go to court.
Here's why:
- Compulsory Conferences: Queensland's legal system requires a "compulsory conference." This is a structured meeting between you, your lawyer, the insurer, and their lawyer. The goal is to reach a settlement agreement without a formal court trial. Most cases are successfully resolved at or shortly after the compulsory conference.
Court as Last Resort: If a settlement can't be reached, going to court may be necessary. However, Smith's Lawyers' No Win, No Fee, No Catch® promise protects you financially. If your case is unsuccessful in court, you won't be liable for the other side's legal costs. We take on that risk.
Don't worry, you may still be able to make a claim after car accidents even if:
- The at-fault vehicle left the scene (hit-and-run).
- You couldn't identify the vehicle's registration number.
- The vehicle involved was unregistered or uninsured.
The Nominal Defendant: Queensland's CTP insurance scheme includes an entity called the 'Nominal Defendant'. They act as the insurer for accidents involving unidentified or uninsured vehicles. If you qualify, you can make a claim against the Nominal Defendant. They will provide the same type of compensation under standard CTP claims.
Shorter time limits apply to lodge a nominal defendant claim so you seek help from expert car accident lawyers as soon as possible after your car accident.
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.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.