If you’ve been injured in a car or motor vehicle accident on the Sunshine Coast or Queensland due to someone else's actions, you may be entitled to claim compensation.
With its beautiful beaches and laid-back lifestyle, the Sunshine Coast is a popular destination in Queensland. The region's population grew by 30% between 2011 and 2021. It only became more popular following the pandemic.
The region also attracts over 4 million visitors per year, which leads to many drivers being unfamiliar with the local roads and conditions. A lot of strain has been put on road infrastructure as a result. Road accidents are sadly common.
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.
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.
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 Sunshine Coast or Queensland
If you've been injured in a car accident on Sunshine Coast'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 Sunshine Coast 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.
The main causes of accidents on the Sunshine Coast are:
- Inattention and distraction: This includes both inside and outside the vehicle, such as using a mobile phone while driving, being distracted by passengers, or being distracted by something outside the vehicle.
- Speeding: Exceeding the speed limit or driving too fast for the conditions is a major cause of accidents on the Sunshine Coast, particularly on high-speed roads such as the Bruce Highway and the Sunshine Motorway.
- Alcohol and drug use: Driving under the influence of alcohol or drugs significantly increases the risk of an accident.
- Fatigue: Tired drivers are less alert and have slower reaction times, making them more likely to be involved in an accident. Police data shows this normally happens when drivers are travelling alone and can occur from very brief lapses in concentration.
- Failure to wear a seatbelt: Not wearing a seatbelt increases the risk of serious injury or death in the event of an accident.
- Failure to obey traffic signals: Running red lights or failing to stop at a stop sign continue to be major causes of Sunshine Coast region accidents leading to injuries.
The main causes of accidents on the Sunshine Coast are:
- Inattention and distraction: This includes both inside and outside the vehicle, such as using a mobile phone while driving, being distracted by passengers, or being distracted by something outside the vehicle.
- Speeding: Exceeding the speed limit or driving too fast for the conditions is a major cause of accidents on the Sunshine Coast, particularly on high-speed roads such as the Bruce Highway and the Sunshine Motorway.
- Alcohol and drug use: Driving under the influence of alcohol or drugs significantly increases the risk of an accident.
- Fatigue: Tired drivers are less alert and have slower reaction times, making them more likely to be involved in an accident. Police data shows this normally happens when drivers are travelling alone and can occur from very brief lapses in concentration.
- Failure to wear a seatbelt: Not wearing a seatbelt increases the risk of serious injury or death in the event of an accident.
- Failure to obey traffic signals: Running red lights or failing to stop at a stop sign continue to be major causes of Sunshine Coast region accidents leading to injuries.
According to the Sunshine Coast Road Safety Plan, the Sunshine Coast has a lower per capita rate of fatalities and hospitalisations due to road accidents than the Queensland average. However, the plan aims to reduce these numbers further.
- Approximately 10,000 accidents occur in the Sunshine region per year
- In 2022, there were 24 Sunshine Coast road fatalities, of which 62.5% were male
- Over 83% of the fatalities were single-vehicle accidents
- 17-25 year olds suffered the highest fatality rate in 2022
Most Vulnerable Sunshine Coast Road Users
Pedestrians, cyclists and motorcyclists are particularly vulnerable on the roads of the Sunshine Coast. 37.5% of road fatalities in 2022 on the Sunshine Coast were pedestrians, cyclists or motorcyclists.
The number of motorcycles registered in Queensland has doubled since 2002, and motorcyclists are over-represented in crash statistics. The Sunshine Coast Road Safety Plan includes actions to identify and treat locations with a high incidence of motorcycle crashes.
According to the Sunshine Coast Council, the following are the top accident hotspots on the Sunshine Coast:
- Bruce Highway at Tanawha: This notorious section of the Bruce Highway is where the junction to access the Sunshine Motorway is located. It is a major intersection with a lot of traffic and is also prone to accidents due to its high speed limit and short merging distances. While the intersections and the Bruce Highway itself around this area have seen huge upgrades designed to reduce accidents, serious accidents have occurred since the upgrade, including a 10-vehicle incident in July 2023.
- David Low Way: Stretching from Maroochydore to Noosa, the David Low Way is a hotspot for accidents due to its high traffic volume, numerous intersections, and pedestrian crossings.
- Sunshine Motorway: The Sunshine Motorway, especially the section between Mooloolaba and Sippy Downs, frequently sees accidents, often resulting from high speeds and congested traffic.
- Noosa Drive: Noosa Drive, with its winding road and steep gradients, often sees accidents, particularly in wet conditions.
- Nicklin Way at Warana: This section of road is located in the northern Sunshine Coast hinterland. It is a winding road with a number of sharp bends, which can contribute to accidents.
- Eumundi-Noosa Road at Doonan: The stretch of road nestled in the backcountry between Eumundi and Noosa is characterised by its serpentine layout and numerous sharp turns, factors that can potentially lead to accidents.
- Mons Road at Buderim: Once a sleepy village surrounded by nature, Buderim has soared in popularity and sees frequent heavy traffic resulting in accidents.
- Route 23: Maleny-Montville Road: This stunning stretch of road along the ridge through Montville in the Sunshine Coast hinterland offers stunning views as the road dips up and down. With lots of weekend visitors, the sweeping stretch of road sees issues including speeding and drunk driving.
In addition to the main hotspots, the Sunshine Coast region has also seen serious accidents. Some involved drunk driving and/or hooning behaviour on beaches north of Noosa, such as Noosa North Shore and Teewah Beach. Beaches that permit off-road vehicles such as 4WD cars and Utes are still subject to Queensland traffic rules and Police enforcement.
Motor Vehicle Accident Claim Process
Here are the usual steps in road and car accident claims.
Remember: Your insurance 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 Sunshine Coast lawyers to better understand how your claim could look.
Smith's Lawyers offers a free case review to help you understand your options.
The first step is to contact a firm of personal injury lawyers that specialise 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. The lawyer will 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. Smith’s Lawyers runs all personal injury claims risk-free with no upfront costs.
After starting your claim, your lawyer will immediately start gathering evidence to prove what happened. This includes:
- Medical records to show the extent of your injuries.
- Accident reports with essential crash details.
- Witness accounts that support your version of events.
- Photos, videos such as dashcam videos or traffic cameras, and proof of lost income to demonstrate the impact.
- Expert assessments to determine the long-term effects of your injuries.
This evidence is crucial, ensuring you receive the maximum compensation you're entitled to under the law.
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.
The goal is to reach a fair settlement that covers your medical bills, lost wages, pain and suffering, and any long-term impacts of the accident.
Most cases settle at a meeting called a compulsory conference. This is where your lawyer, a specialist barrister, and the at-fault driver's insurance representatives meet to try and reach an agreement.
Going to court may be necessary if a settlement can't be reached. Smith's Lawyers' No Win, No Fee, No Catch® promise protects you if your case is unsuccessful in court. You won't be liable for the other side's legal costs.
If your personal injury 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 – or injuries – are exactly alike. That's why compensation values vary so much. Your potential payout considers the full impact of the accident, including:
- Injuries: Doctors' reports and your own experience detail the severity of your injuries and any lasting effects.
- Medical bills: Current costs (e.g., hospital stays, rehab, surgery, specialist appointments) AND future ones (like ongoing physiotherapy or medication).
- Lost earnings: How much work have you missed? Could you return to your previous job? Past and predicted future loss of earnings has a major impact on your payout.
- Pain and suffering: The accident's physical and emotional toll is taken into account.
- Ongoing needs: Do you need help with daily tasks, home changes, or transport due to your injuries? These costs are included in your claim.
Every Case Is Unique
It’s common to ask questions such as, “How much would I get for a broken leg?” – but each case is unique, and much will hinge on the impact the injury has on past and future loss of earnings.
Imagine two Sunshine Coast residents with a similar broken leg:
- Surfer in their 20s: Loses out on competitions and potential sponsorships, affecting their long-term earning potential significantly.
- An office worker in their 60s close to leaving the workforce: Their income is less impacted, resulting in a smaller payout, even with the same injury.
Get Expert Advice: A qualified Sunshine 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 motor vehicle 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. If you have missed the three-month period for these personal injury claims, 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 Sunshine Coast
Smith’s Lawyers Sunshine Coast office is part of the Regatta 1 Business Centre, and their staff will assist you in meeting with our team. So we can ensure that we are best able to cater to your needs, you will need to book an appointment with us before visiting our Sunshine Coast office, by calling us on 1800 960 482.
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
Bus
The closest bus stop is Innovation Pkwy near Metier Linkway, Birtinya and is serviced by the 607 bus (north and south).
Parking
Parking is available in the clearly marked Regatta 1 bays, and if you have parked in one of these bays, you will need to record your vehicle registration via the QR app located at Regatta 1 reception. If one of these bays are not available, the surrounding roads are available with parking e.g. Main Drive and Textile Avenue.
Car Accident Lawyer Sunshine Coast FAQs
Accidents are stressful, whether minor or severe. Follow these steps to protect yourself:
1. Safety first: If possible, move your car to a safe spot. Check for injuries – yours and others. Call Triple Zero (000) for any immediate medical needs.
2. Get details: If it's safe, get these details from the other driver:
- Name and contact info
- License number
- Rego (vehicle registration)
- Insurance details
3. Document the scene:
- Take photos of the crash site, car damage, and injuries.
- Note the exact location, date, and time.
- If people saw what happened, get their names and contact info.
4. Report to the police (if needed): Report the accident if anyone's hurt. Get a police report number.
5. See a doctor ASAP: Even if you feel fine, injuries can take time to show up. A doctor's report protects your health AND your claim.
6. Call a Sunshine Coast car accident lawyer: Get expert advice on your rights and the best way to get the compensation you deserve.
Important:
- Never admit fault at the scene.
- Don't sign anything without talking to a lawyer.
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 car 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 car 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:
- 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: 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 panic. You might still be able to claim compensation on the Sunshine Coast, even if:
- The driver fled the scene (hit-and-run).
- You didn't get their registration number.
- The vehicle was unregistered or uninsured.
Queensland's solution: The Nominal Defendant
This government entity acts as the insurer in these situations. If you qualify, you can claim compensation just as you would with a standard CTP claim.
Important: Personal injury claims against the Nominal Defendant have shorter time limits. Contact our Sunshine Coast lawyers ASAP to protect your rights.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert car accident lawyers.
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.