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.
If this is your situation, you can view our ultimate guide to car accident claims for step-by-step guidance.
About Motor Vehicle Accident Compensation
Anyone hurt in a collision or road incident in Queensland can file a personal injury compensation claim, even if they were partially at fault. Compensation can cover a wide range of physical or psychological injuries sustained in motor vehicle accidents, including brain injury, spinal cord injuries, fractures, whiplash, and nervous shock/psychological injuries.
At Splatt Lawyers, it’s free to know your right to claim car accident injury compensation. Our 100% no win, no fee policy means you pay nothing until you win and zero if you lose. You can seek legal advice from road accident claim solicitors to be sure of your legal position. Call 1800 700 125
How much is a road accident payout? >
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.
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
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.
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
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.
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 >
How Much is a Car Accident Payout?
If you have been injured in a Queensland car accident, you will likely want to know the value of your payout. First, understand that your legal right to claim compensation is outlined in the Motor Accident Insurance Act 1994.
Determining an appropriate compensation payment amount for a vehicle accident claim can be difficult. The specifics of your accident and injuries will determine the compensation value because every situation is unique.
In Queensland, personal injury claims are typically resolved through mediation, and the financial value of the settlement is kept confidential unless there are court proceedings, which is uncommon. However, MAIC data can be accessed to understand the value of road accident compensation claim payouts..
Average QLD Car Accident Compensation Payouts
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.
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.
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)
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.
What is the Motor Vehicle Accident Claim Process?
The CTP insurance claim process is relatively straightforward (depending on your accident and ability to establish liability) and starts with:
- Notification of injury: You must lodge CTP claim policy documents within nine months of a motor vehicle accident. This document gives the car insurance company details of your accident and injuries and an estimate of how much financial compensation you seek.
- Confirmation of lodgement: The CTP insurer will notify you within 14 days whether your claim is compliant and will offer to fund rehabilitation.
- Rehabilitation and medical care: Please seek appropriate care for your injuries.
- Assessment of Liability: The insurer will assess your claim’s merit and decide whether to accept or reject liability.
- The CTP insurer seeks information. The car insurance company will get copies of your medical records and other documents to calculate compensation.
- Your injuries stabilise: Your injuries must be stable before calculating the compensation value.
- Payout negotiation: A solicitor usually negotiates on your behalf during mediation.
- Compensation settlements: Once approved, a payout is deposited into a bank account.
6 Steps to A Successful Car Accident Claim
Here is how the personal injury claims process for CTP insurance benefits works. These are the steps to a successful car accident claim for a personal injury claim settlement:
Gather information and report the accident.
Collect details like the following:
- Location, date, and time of the accident
- Exchange details with the other driver (or the owner of any damaged property), including their full name, address, registration number, and insurance details.
- Take photos and videos of the crash scene, and get witness statements.
- Next, lodge a police report and contact the car insurance provider.
Immediately contact a doctor.
The injured person should immediately seek medical attention, even without symptoms. Sometimes it can take days for physical or mental damage to become apparent, particularly for soft tissue injuries like whiplash.
Seek legal advice from personal injury lawyers
You could claim compensation when injured in a car crash on Queensland roads. Often, CTP insurers attempt to limit their responsibility to make compensation payments. In that case, lawyers can advise on your rights.
Get proof of monetary losses.
You must demonstrate how your injuries have affected your life when you file a personal injury claim for a loss resulting from a car accident. You will likely have medical treatment and rehabilitation bills and have lost income due to time away from work. To prove your loss, please retain the following:
- Claim forms and receipts for medical care.
- Receipts for medical-related travel expenses
- Expenses incurred for home care (e.g. cleaning or cooking)
- You can also seek compensation for past and future lost income and superannuation.
Get compelling evidence of your suffering.
You can also claim compensation for non-economic losses, such as pain and suffering. To succeed, you will need proof of pain and suffering relating to a physical or psychological injury. Experienced car accident lawyers can explain how this works, as case law often influences lost quality-of-life calculations.
You should consult a psychologist or psychiatrist if your injuries impact your mental health. When building a case, you can add your mental health condition documentation to a compensation claim to support common law damages following a collision.
Strict Time Limits Apply
There are strict deadlines for lodging compensation claim paperwork. An injured person has nine months from the date of an auto accident to bring a damages claim in Queensland. Even if you exceed the deadline, an accident law firm can advice if you meet an exception under QLD legislation.
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 is the Time Limit for a Car Accident Claim in Queensland?
Please consider the strict time limits for car accident claims under Queensland’s CTP (compulsory third party) car insurance claims process.
A Notification of Accident Claim form must be sent to the insurer of the vehicle at fault within nine months of the accident date or within one month of the date you visited a lawyer about the possibility of claiming compensation. If you cannot submit the Notification of Accident Claim form within this time frame, you must give an acceptable explanation for the delay.
There can be several deadlines for a Queensland CTP claim. Missing one can mean exclusion from receiving a damages payout. Our legal team provides a free case review that can explain the time limits that apply to your case. Call 1800 700 125
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 |