Compensation After a Car Accident
When you have been injured in a motor vehicle accident involving a car, motorcycle, truck, or even a pedestrian, you could have the legal right to claim compensation by making a car accident claim. This includes cases where you’ve sustained both physical injuries and psychological trauma or when someone is fatally injured. Generally, the third-party insurer of the at-fault driver funds your damages payout when you have an approved claim.
This process is part of Queensland’s CTP (Compulsory Third Party) insurance scheme, which allows injured people to seek car accident compensation from the at-fault vehicle’s CTP insurer. It applies to drivers, passengers, pedestrians, motorcyclists and cyclists injured on Queensland roads.
If this is your situation, you can view our ultimate guide to car accident claims for step-by-step guidance.
What is the Compensation for a Motor Vehicle Accident?
If this is yMotor vehicle accident compensation in Queensland covers both economic loss (such as lost income and medical expenses) and non-economic loss (such as pain and suffering). The amount depends on injury severity, financial impact, and liability. A successful claim may include damages for hospital bills, rehabilitation, and future loss of earnings. Learn more about this process on our car accident claims page.our situation, you can view our ultimate guide to car accident claims for step-by-step guidance.
How much is a road accident payout? >
For tailored legal advice about your eligibility for motor vehicle accident compensation or CTP claim QLD entitlements, contact Splatt Lawyers’ personal injury team.
Do I Have a Valid Claim?
Traffic Accident Claims: The Basics
A car accident claim is a legal action for damages taken after a person has been in a motor vehicle accident. The vehicle’s driver or passenger, another driver involved, and/or other parties like pedestrians, motorcyclists, cyclists, or passengers on public transportation can all seek common law damages. Generally, this action aims to achieve a successful payout, compensating you for your loss and damage, including lost income, pain and suffering, travel and medical expenses, and the cost of care.
In Queensland, a road accident claim seeks compensation from the negligent party’s third-party insurance policy (or public liability insurer or WorkCover). Sometimes, more than one person or entity is liable, making it more challenging to access all your entitlements and resolve a claim.
Can I Claim Compensation for a Car Accident That Was My Fault?
In most cases, you can only claim compensation if you were not entirely at fault for the car accident. However, even if you share partial responsibility (e.g., contributory negligence), you may still recover a portion of damages. If you were completely at fault, you generally cannot claim through the CTP scheme, but other avenues such as income protection or TPD insurance might apply. It’s best to speak to a lawyer to understand your rights.
Is There a Time Limit on Car Insurance Claims in QLD?
Yes. The car accident claim time limit in QLD is generally nine months from the date of the accident to lodge a CTP claim with the at-fault driver’s insurer, or one month from the date you first consult a lawyer about the claim, whichever comes first.If you miss this deadline, you must provide a reasonable excuse for the delay. Additionally, all personal injury proceedings must start within three years of the accident under Queensland’s limitation periods. Missing these time limits can affect your right to motor vehicle accident compensation.
What is the Statute of Limitations on a Car Accident in QLD?
The statute of limitations for car accident claims in Queensland is three years from the date of the motor vehicle accident or from when the injury became apparent. This applies under the Limitation of Actions Act 1974 (Qld). If an injured person fails to start legal proceedings within that time, their claim may be barred.However, certain exceptions exist, for example, for minors or where injuries weren’t immediately apparent. Splatt Lawyers can help determine whether your case qualifies for an extension under Queensland law.
Factors that Impact a Successful Car Accident Claim
Let’s face it: car crash claims can be problematic. Especially when insurers try to reduce their liability to pay compensation. In this case, a lawyer can explain your rights regarding a negligence-related loss. Factors impacting a successful motor vehicle accident claim include the following:
- The severity of the accident
- The extent of your injuries
- The quality and availability of evidence
- How much the insurance company challenges the claim
- The expertise of your legal team
Having an experienced solicitor ensures that deadlines, limitation periods, and insurer correspondence are properly managed, which is vital when strict car accident claim time limits in QLD apply.
7 Common Types of Motor Vehicle Accident Claims
Whether you were the driver, passenger, pedestrian, cyclist, motorcyclist, truck driver, bus, or railway passenger, you can make a claim for financial compensation after being hurt in a car crash.
Generally, any incidents that fall under the road or traffic accident category have insurance coverage. For Queensland motorists, in most cases, legal damages are sought from the CTP insurer of the negligent driver.
1. Injured in a Motor Vehicle Accident
Car accident injuries may entitle you to compensation. You have rights and options when seeking compensation after a car accident for serious physical, emotional, and financial harm.
To make a successful claim for damages, you must prove that someone else was at fault for the crash.
2. Motorcycle Accident Claims
Injured motorcyclists can claim damages against the negligent driver’s compulsory third-party insurance policy. Once approved, the at-fault party’s CTP insurer will cover medical bills, lost wages, and other related expenses.
3. Bicycle Accident Claims
Depending on how your accident occurred, you could make a bicycle accident claim when harmed on the Queensland road network. Bicycling is often riskier than driving. In accidents, cyclists are usually thrown off their bikes onto hard surfaces, increasing their risk of catastrophic or severe injury.
4. Pedestrian Accident Claims
Pedestrians in an accident could claim damages against the negligent driver’s compulsory third-party insurance. Even when partially responsible, you could have the right to receive damages for negligence.
5. Claims for Hit and Run Accidents
Hit-and-run accidents can be particularly traumatic, as the victim has little information to pursue a traffic accident claim. However, the Motor Accident Insurance Commission (MAIC) of Queensland offers various benefits for victims and drivers involved in an incident with an uninsured or unidentified motorist.
In this case, a claim is made against the Nominal Defendant. Strict time limits apply to this type of car accident claim from the time you became aware of the injury. A motor accident compensation lawyer can explain your rights after a hit-and-run, including the applicable time limits for your case.
Because time limits apply strictly to hit and run claims, it’s essential to contact a lawyer quickly, typically within three months if the driver is unidentified. Claims are made through the Nominal Defendant scheme, which still follows CTP rules for motor vehicle accident compensation.
6. Public Transport Accident Claims
Injured public transport passengers may be entitled to claim accident damages. Regardless of the public transportation used, such as a bus, train, boat, ferry, cruise ship, or aeroplane, you may be eligible for compensation for a financial loss.
7. Wrongful Death Claims
Family members of people who have died as a result of negligence or a defective product (such as a faulty car) can file civil lawsuits known as wrongful death claims. You can lodge a wrongful death claim seeking compensation for funeral expenses, loss of income and potential inheritance, medical bills, pain and suffering, and other related costs.
Only close family members financially dependent on the deceased can bring a fatal accident claim.
How Do Car Accident Lawyers Help?
What assistance can Queensland car accident lawyers provide for a traffic accident claim?
Typically, CTP insurers prioritise profits over the rights of their members. A common tactic to diminish the value of accident insurance claims is to assign a greater level of contributory negligence to the claimant.
An experienced motor vehicle accident lawyer regularly negotiates with the three leading Queensland CTP insurance companies (Allianz, QBE, and Suncorp). They know the strategies used by insurers to reduce their liability. Legal advice can help when:
- Multiple parties who each dispute their level of liability
- It is unclear who caused the accident
- There are conflicting versions of events
- Your case involves a personal accident insurance policy.
- The insurance provider disputes their responsibility for the claim.
- Help with any other concerns
At Splatt Lawyers, our motor vehicle accident lawyers manage all aspects of your CTP claim in QLD. From collecting evidence to negotiating with insurers and ensuring compliance with Queensland’s legal process and time limits.
Free online claim assessment >
How Much Compensation Can I Claim for a Car Accident?
The compensation you can claim for a road or car accident depends on your circumstances, including:
- The severity of your car accident injuries (including serious personal injuries)
- Their impact on your life
- And the associated financial loss you have suffered.
In cases where immediate compensation is unavailable, private health insurance can be crucial in covering expenses for third-party claims, especially for serious personal injuries.
You could access financial support from the insurance policies contained within your super e.g. TPD claim, income protection and total and temporary disablement. Otherwise, damages available for vehicle accident claims can include:
Medical Claims
When you are injured in a road or traffic accident, you can claim injury-related medical expenses, including future medical treatment. These could include hospital and doctor bills, physiotherapy, prescription medications, and even care assistance at home if needed. You should keep detailed records of all your out-of-pocket medical expenses to claim them from the insurance company.
Comprehensive Car Insurance Claim
Comprehensive car insurance offers the highest level of protection. Most policies can include cover for fire, theft, flood, hail, accidental damage and legal liability for damage caused to other drivers or their property. If your vehicle is a total loss, your policy covers vehicle replacement, depending on the terms and conditions.
You may have to pay an excess depending on what the policy covers and who was at fault.
Third-Party Property Damage Insurance Claims
Third-party property damage insurance covers damage to other cars caused by your vehicle, but it does not pay for repairs or replacement of your vehicle. Sometimes you can also claim for crash-related property damage (for which you should keep receipts), including personal items within the car and damage to buildings or other vehicles. Sometimes, you may need to take legal action for the cost of repairing a damaged car.
(NOTE: Splatt Lawyers is a personal injury law firm and, hence, does not assist with property damage litigation, which often does not require a lawyer’s support.)
Loss of Wage Claims
If you’re unable to work due to a car crash, you may be eligible to claim compensation for lost wages. This can include lost superannuation and other perks you would have received had you continued working.
Pain and Suffering (General Damages)
Depending on the extent of your physical or mental injuries, you could claim compensation for injury-related pain and suffering. This component is often called ‘general damages’, which are awarded for lost quality of life. Our personal injury lawyers can help you determine eligibility for a general damages claim. They can also advise on gathering evidence for a claim against a third-party insurer.
How Much Compensation Do You Get for a Car Accident in Australia?
There’s no fixed payout amount. The value of car accident compensation depends on your injury type, the impact on your daily life, time off work, and medical costs. Minor injuries may settle for tens of thousands, while severe or permanent impairments can exceed $1 million.
Can I Make a Claim?
You can claim for a car accident, depending on how your accident happened. If you suffered physical and/or psychological injuries in a collision on Queensland roads and were partially or entirely not at fault, the answer is likely yes.
You are likely to be eligible if:
- You were not the responsible driver.
- You suffered physical and/or psychiatric damage (inclusive of motorists, pedestrians, passengers, and other types of road users)
- A close family member on whom you were financially dependent was fatally injured in a collision.
Our motor vehicle accident legal team can explain your eligibility to seek compensation. It’s free to understand your rights. Call 1800 700 125
Free online claim assessment >
What Is the Average CTP Payout in Queensland?
According to data published by the Motor Accident Insurance Commission, the average car accident compensation payout is $104,979. Below are average Queensland road accident claim payout figures based on the severity of the injury (which can be physical and psychological).
| Injury Severity | Claim Percentage | Average Claim Payout |
| Minor | 75% | $82,600 |
| Moderate | 12.8% | $183,00 |
| Serious | 4.9% | $358,600 |
| Severe | 0.5% | $636,600 |
| Critical | 0.3% | $1,486,400 |
Free Compensation Assessment
How Does Contributory Negligence Impact a Car Accident Injury Claim?
The value of a personal injury settlement will be reduced when you have contributory negligence for a car accident. Some situations in which you could be partly to blame include:
• Not wearing a seatbelt
• A motorbike, bicycle, or scooter accident where you were not wearing a helmet
• You were in the back of an open-top vehicle, unrestrained.
• You received a traffic infringement notice for the accident.
• An intoxicated driver.
If you believe you were partially responsible, an accident claim lawyer can advise on your circumstances. For example, they can explain how to reduce your percentage of contributory negligence to minimise the impact on damages.
Even if you contributed to the accident, your CTP claim in QLD may still succeed with reduced damages. A skilled lawyer can negotiate your liability percentage and safeguard your right to fair compensation.
Who is at fault in a car accident? >
Who Pays Out Car Accident Compensation?
In most cases, the third-party insurance provider of the at-fault motorist will be responsible for paying compensation. In Queensland, this is typically a one-off lump sum payment.
The CTP insurer (such as Allianz, Suncorp, or QBE) pays the final compensation once liability is accepted and injuries are stabilised. This pay out covers medical expenses, income loss, and pain and suffering damages.
With a structured settlement, you will receive payments over time rather than all at once. However, this is rare.
6 Steps to Lodging a Car Accident Claim
The car accident claim process can be demanding. However, consulting with accident compensation lawyers can help you understand how to deal with insurers and the process for completing a successful claim. Before you begin, you’ll need the details of each person involved in the collision. Then, here are the recommended actions:
- Collate evidence
- Notify the insurer
- Seek advice from a lawyer
- Lodge a personal injury benefits form
- Negotiate a settlement
- Court proceedings (if required)
For a detailed breakdown, see Splatt Lawyers’ personal injury legal process.
1. Collate evidence
After a car accident, you should seek medical attention. Police reports, expert medical reports, and assessments form evidence for a case. You will also need details of the vehicles and people involved, including driver’s licence and contact details of witnesses and other parties.
2. Notify the insurer
Inform your own and the other driver’s insurance company (or government agency) about the road accident, including the date, time, who was involved, etc. This information helps process the claim faster and starts the repair process.
If the other party is not insured or unknown, you notify the Nominal Defendant to recover damages.
3. Seek advice from a car crash lawyer
An experienced car accident lawyer can explain your legal position and the next steps to claiming compensation.
4. Lodge a claim online
Next, you lodge a claim online that addresses the insurer’s requirements.
5. Negotiate a settlement
After claim lodgement, the mediation process begins to negotiate a settlement. Expect some delay here as the insurer seeks to reduce your payout.
6. Court proceedings (if required)
Most QLD motor vehicle accident claims are settled without court action. Typically, only very severe cases with million-dollar payouts proceed to court. Generally, a claim does not proceed to court without your instructions.
How Long Does a Motor Vehicle Accident Claim Take?
Regarding motor vehicle accident compensation in Queensland, the time it takes to settle a case varies depending on circumstances. Generally speaking, most claims have an outcome within 9-12 months. However, the time to process a settlement depends on the complexity of the claim, how cooperative all parties involved are in providing evidence, and other factors.
Typically, severe injuries or compound damage (e.g., physical and psychological damage) require a larger settlement, which takes longer to resolve. There are two main reasons for this:
- It takes more time for injury stabilisation. Compensation will be calculated once this happens.
- Insurance companies usually defend significant claims more vigorously.
What Happens If I Lodge My Claim Late?
If your car accident claim is submitted after the time limit, you may still proceed if you provide a valid reason (for example, delayed symptoms or late awareness of injury). The insurer must assess whether your explanation is reasonable under the Motor Accident Insurance Act 1994 (Qld).
Personal Injury Lawyer Advice for Car Accident Compensation
When injured in a motor vehicle accident, our car accident lawyers provide free initial legal advice for personal injury claims. A Splatt compensation claim lawyer can explain:
• The necessary documents to lodge with the insurance company
• The legal process and our 100% no-win, no-fee policy
• How to access financial assistance for future medical treatment and rehabilitation expenses.
Car accident compensation specialists explain how to navigate the complex process of making a claim, including entitlements like time off work, recovery of lost earnings, and any other financial losses related to a crash.
Pay when you win and zero if you lose is our No-Win, No-Fee, No Financial Risk guarantee. Call 1800 700 125 or email us >
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Car Accident Claim Lawyers Nearby
Splatt’s car accident claim lawyers are based in ten QLD-wide locations.
| Brisbane | Gold Coast |
| Logan | Sunshine Coast |
| Ipswich | Toowoomba |
| Cairns | Caboolture |
| Bundaberg | Townsville |