Car Accident Lawyers Gold Coast
Expert Gold Coast-based road and car accident compensation lawyers. All road injury claims, including car, motorcycle, ute, truck, bicycle and pedestrian accidents. Free initial advice, no upfront costs and 100% risk-free claims with our No Win, No Fee, No Catch® promise.
If you’ve been injured in a car or motor vehicle accident on the Gold Coast or Queensland due to someone else's fault, you may be entitled to claim compensation.
Have you been involved in a motor vehicle accident? Traffic on Gold Coast roads is increasing, bringing with it a higher risk of crashes.
If another driver caused your accident, you don’t have to bear the financial burden alone. Queensland law allows you to seek compensation for medical expenses, lost income, and even the emotional impact caused by the accident.
The legal process can feel daunting, especially if you're focused on your health.
- Get your free consultation: Learn about your rights and whether you have a strong case.
- No Win, No Fee, No Catch® means no risk: We handle your claim with no upfront costs. You only pay legal fees if we win.
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 on the Gold Coast or Queensland
Feeling unsure of your legal rights after a car accident? If you were injured on busy Gold Coast roads or anywhere in Queensland, it’s important to know what you’re entitled to.
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: You have the right to seek compensation for medical expenses, lost income, pain and suffering, and ongoing care needs. This is because the law acknowledges that someone else's carelessness shouldn't leave you financially burdened.
- Right to legal representation: You don't have to navigate the complexities of the legal system alone. An experienced car accident lawyer can advise you on your rights, gather evidence to support your claim and ensure fair compensation is obtained.
Consulting with a Gold Coast car accident lawyer can be helpful after a car accident injury. They can assess your individual situation, advise you on the best course of action, and ensure your rights are protected throughout the claims process.
- Driving under the influence of alcohol or drugs: Alcohol and drug influence significantly impair judgment and reaction time, contributing to a considerable number of accidents annually.
- Driver distraction: Beyond mobile phone use, distractions like eating or adjusting vehicle controls divert attention from the road, increasing the risk of collisions.
- Speeding: Speeding is a major factor in many accidents, and it can make it more difficult for drivers to react to hazards. Speeding accidents on the Coast causing injuries have included speeding through roadworks with temporary speed limits and stolen vehicles, ‘hooning’ at high speed.
- Failure to obey traffic laws: Violations such as disregarding red lights or failing to yield right of way are common infractions that lead to preventable accidents, often resulting in injuries and property damage.
- Driving under the influence of alcohol or drugs: Alcohol and drug influence significantly impair judgment and reaction time, contributing to a considerable number of accidents annually.
- Driver distraction: Beyond mobile phone use, distractions like eating or adjusting vehicle controls divert attention from the road, increasing the risk of collisions.
- Speeding: Speeding is a major factor in many accidents, and it can make it more difficult for drivers to react to hazards. Speeding accidents on the Coast causing injuries have included speeding through roadworks with temporary speed limits and stolen vehicles, ‘hooning’ at high speed.
- Failure to obey traffic laws: Violations such as disregarding red lights or failing to yield right of way are common infractions that lead to preventable accidents, often resulting in injuries and property damage.
While the number of fatal crashes has reduced by 46% since 2015, serious injuries have risen by 9%.
- There were 20 car and road fatalities in 2022 on the Gold Coast.
- 40% were motorcycle riders, and a further 5% were pillion riders.
- 35% were vehicle drivers, while another 10% were vehicle passengers.
- 2 pedestrians (10% of the total) were killed on Gold Coast roads in 2022.
The Gold Coast Council hopes to reduce these figures with its Gold Coast Road Safety Plan 2021-2026.
Most Vulnerable Road Users
More than a quarter of all fatalities and serious injuries involve non-car users, including pedestrians, bicycle riders, and motorcycle riders. These groups are considered the most vulnerable road users due to their limited protection in the event of a crash, which puts them at a higher risk of serious injury.
Gender and Age Distribution
Men were involved in nearly three out of four road deaths on the Gold Coast between 2015 and 2019. Men are particularly overrepresented in pedestrian fatalities (89%) and motorcycle fatalities (87%).
Younger adults (17-24) and older road users (65+) are most at risk of being involved in a fatal or serious crash. Young adult road users continue to be over-represented across all age groups in fatal and serious injury crashes.
The Gold Coast population is ageing, and by 2041, the number of Gold Coast residents aged 65 years and over is expected to increase to 196,734 people. That’s 20.7% of the population compared to around 17% now. Older drivers are less likely than younger drivers to drink drive, speed, or engage in other deliberate risk-taking behaviour. However, there has been a steady increase in drivers aged 60 and over-involved in fatal and serious injury (FSI) crashes from 2017 to 2019.
Here are some of the most common car accident hotspots and stats in Gold Coast:
- M1 Motorway: As one of the main arteries connecting the Gold Coast to Brisbane, the Pacific Motorway (M1) is a hotspot for traffic accidents. Its high traffic volume, combined with various roadworks and maintenance activities, makes it a risk-prone route. Some of the most common accident hotspots include:some text
- The Nerang River Bridge
- The Eight Mile Plains Interchange
- The Coomera Connector
- Gold Coast Highway: Stretching along the coastline, the Gold Coast Highway is another notorious spot for accidents, especially due to its busy intersections, light rail tracks and pedestrian crossings.
- Bermuda Street: Particularly, the intersection at Markeri Street is a frequent site of collisions, often resulting from high speeds and congested traffic.
- Smith Street Motorway: This major arterial road linking the Pacific Motorway and Gold Coast's central business district is another hotspot with frequent congestion heading outbound towards the M1 and inbound towards Southport. Changing speed limits, on-ramps, and traffic lights where the motorway section ends around the Gold Coast Hospital and former Commonwealth Village see more accidents.
- Gold Coast Hinterland, including motorcycle accidents: The winding roads in the Gold Coast Hinterland are common hotspots for motorcycle accidents. Scenic routes such as Springbrook Road and the Mount Tamborine circuit pose risks due to tight corners, steep ascents and descents, and variable road conditions, especially after periods of heavy rain.
- Pedestrian and cycling injuries near Gold Coast beaches: Coastal areas, particularly those within 1 km of the coastline, are more prone to serious pedestrian and cycling injuries.
2020 insurance data from RACQ found the top ten suburbs for car accident claims on the Gold Coast were:
- Southport: Highest number of claims at 748.
- Robina: Second highest with 393 claims.
- Helensvale: Third with 306 claims.
- Ashmore: Fourth with 248 claims.
- Oxenford: Fifth with 230 claims.
- Surfers Paradise: Sixth with 213 claims.
- Broadbeach: Seventh with 209 claims.
- Burleigh Heads: Eighth with 202 claims.
- Carrara: Ninth with 184 claims.
- Labrador: Tenth with 183 claims.
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 offers a free case review that can help you understand your options.
The first step is to contact a Gold Coast 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. Smith’s Lawyers have our main headquarters in Southport.
Have a no-obligation consultation to get the details of the process and to sign a client agreement outlining how your case will be handled. Smith's Lawyers works on a No Win, No Fee, No Catch® basis, which means there are no upfront costs or risks.
After starting your claim, your Gold Coast lawyer will work meticulously to prove what happened and the full extent of your injuries. This evidence is crucial for getting you the compensation you deserve. Here's what they might collect:
- Medical records: Detailed doctor's reports, hospital bills, and records of any rehabilitation demonstrate the severity of your injuries and the costs of your treatment.
- Accident reports: The official police report provides essential details about the crash.
- Witness statements: Accounts from those who saw the accident can help establish who was at fault.
- Photos or videos: Images of the accident scene, vehicle damage, and visible injuries offer powerful visual evidence.
- Lost income records: Documentation like pay stubs or tax returns can prove how much work you've missed due to the accident.
- Expert assessments: As your recovery progresses, independent medical specialists might evaluate the long-term impact of your injuries, helping determine your future needs and potential loss of earning capacity.
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 can 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.
How Are Motor Vehicle Accident Claim Payouts Calculated?
No two car accidents – and no two injuries – are the same. That's why compensation payouts on the Gold Coast can vary so much. Your potential payout is calculated to help cover the cost of the accident to your life, both now and in the future.
Here's how it's broken down:
- Severity of injuries: Doctor's reports and your own experience will detail how badly you were hurt and whether there are lasting effects.
- Medical bills: This includes past costs (hospital stays, surgery, specialist visits, rehab such as physio, etc.) AND what you might need in the future (medication, therapy).
- Lost earnings: How much work have you missed? Can you still do the same job as before? This impacts your payout significantly. Think of it this way – a young Gold Coast builder losing the full use of their hand will likely get a much bigger payout than an office worker closer to retirement with the same injury.
- Pain and suffering: The accident's physical and emotional toll is considered.
- Help needed: Do you need ongoing care, changes to your home, or have lost independence? These costs are factored in.
All claims are unique: Two people could have similar injuries, but very different payouts. This is because individual situations, work, and age matter so much for determining lost income potential.
Get expert advice: A qualified Gold Coast 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, the 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 Gold Coast
Smith’s Lawyers is proud to call the Gold Coast our home, with our head office located in the heart of the legal district of Southport CBD. Our office is conveniently situated just a short walk from the light rail stop, making it easily accessible for clients and visitors.
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
Our Gold Coast office is conveniently located near the Southport tram stop, which is a 300m walk away.
Bus
Our closest bus stop is on Scarborough Street at Marshall Lane, on routes 704, 711, 712, 713, 715 and 719.
Parking
On-street parking is available outside the office on Bay Street.
Car Accident Lawyer Gold Coast FAQs
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.
5. 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.
6. Contact a Gold Coast 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 to 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 a last resort: Going to court may be necessary if a settlement can't be reached. 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.