Legal Advice for Compensation Insurance Claims & TPD Payouts

Ultimate Guide to Car Accident Claims for Motor Vehicle Injuries

Check out our ultimate guide to car accident claims (prepared by our law firm). Ultimately, you will know everything about claiming compensation for road accident injuries, including how much you could expect in a payout, how to lodge a claim and the factors that impact a successful outcome.
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About 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 must view our ultimate guide to car accident claims for step-by-step guidance.

Personal Injury Compensation Claims after Motor Vehicle Accidents

Anyone hurt in a collision or road incident in Queensland can file a personal injury compensation claim, even if they were partially at fault. Our personal injury lawyers have nearly three decades of experience assisting Queenslanders harmed in traffic accidents. 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.

It’s free to know if you have a valid injury claim and pay nothing until we win your case. Seek legal advice now from our road accident claim legal experts by Calling 1800 700 125

What is my claim worth?

Car 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 all make this claim. 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 get the outcome you seek.

A red warning sign on the road at the scene of a car accident

Factors that Impact a Successful Car Accident Claim

Let’s face it: car crash claims can be problematic. Especially when insurers seek to minimise large settlements, they seek any reason to deny or reduce your compensation. Thankfully, our team knows how this works and regularly delivers unexpected and delightful outcomes. The other factors impacting a successful motor vehicle accident claim include the following:

  • How severe is the accident?
  • The extent of your injuries
  • What evidence do you have, or can you get?
  • How much does the insurance company challenge your claim?
  • The expertise of your legal team

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7 Common Types of Road Accident Claims

Knowing the common types of road accident claims helps you understand your eligibility. Whether you were the driver, passenger, pedestrian, cyclist, motorcyclist, truck driver, bus, or railway passenger, you may be due financial compensation when you are hurt in a vehicle accident.

Additionally, when someone loses their life on the road, their family members (dependents) may be entitled to compensation for their emotional distress, loss of companionship, and burial costs, among other losses.

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. Motor Vehicle Accident Claims

Motor vehicle accident injuries may entitle you to compensation. You have rights and options when seeking compensation after a car accident, which can cause 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. Ask our motor vehicle accident lawyers for informed legal advice.

More about car crash compensation >

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.

It’s free for our motorcycle accident lawyers to help you know your legal entitlements.

More about motorbike accident compensation >

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, making it an unfair competition. In accidents, cyclists are usually thrown off their bikes onto hard surfaces, increasing their risk of catastrophic or severe injury.

Contact our bicycle accident lawyers to learn how Splatt Lawyers can assist.

More about bicycle accident compensation >

4. Pedestrian Accident Claims

Pedestrians in an accident could claim damages against the negligent driver’s compulsory third-party insurance. Even when partially responsible, most injured pedestrians receive compensation. Unfortunately, police sometimes blame injured pedestrians because they rarely talk to pedestrian accident victims before they’re taken to the hospital. In this situation, the negligent motorist may mislead law enforcement.

If the police say you are to blame for your accident, contact our pedestrian accident lawyers immediately to see if you can claim common law damages for your loss.

More about pedestrian accident compensation >

5. Claims for Hit and Run Accidents

Hit-and-run accidents can be particularly traumatic, as the victim has little information to pursue a collision 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, the Nominal Defendant must compensate the victims. Consultation with a motor accident compensation lawyer should be sought immediately following a hit-and-run accident to initiate an investigation and file a claim with the Nominal Defendant.

More about hit and run claims >

6. Public Transport Accident Claims

Injured public transport passengers may be entitled to claim accident damages. Regardless of the public transport used, such as bus, train, boat, ferry, cruise ship, or aeroplane, you could be compensated for your loss.

In bus and train cases, Queensland transport accident claims can be complex, mainly because multiple parties are often involved in such incidents, including public transport operators, insurance companies, and other drivers or passengers. Thus, bus and train accident victims must understand their legal right to restitution.

Our experienced transport accident lawyers can help.

More about transport accident compensation >

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, 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.

Learn more about wrongful death claims >

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How Do Car Accident Lawyers Help?

What assistance do expert car accident lawyers provide if you are considering hiring a personal injury solicitor for a traffic accident claim?

You would expect a large CTP insurance company to compensate you when you seek restitution for your harm. The reality is that they have teams of lawyers whose role is to minimise how much they pay in accident insurance claims.

An experienced motor vehicle accident lawyer regularly negotiates with the four leading Queensland CTP insurance companies (RACQ, Allianz, QBE, and Suncorp). Fortunately, they know the strategies they use to reduce their liability and can take steps to ensure you receive all of your deserved entitlements. These lawyers can also help when:

  • Your case involves a personal accident insurance policy
  • When the insurance provider disputes their responsibility for the claim.

Free online claim check >

What Compensation Can I Claim for a Car Accident?

The compensation you can claim for a road or car accident depends on your injury severity (including eligible serious personal injuries), its 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. Otherwise, damages available for vehicle accident claims can include:

Medical Claims

When you are injured in a road or traffic accident, you can claim your 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 must keep detailed records of all your out-of-pocket medical expenses and give them to your legal team so they can claim them from the insurance company.

Property Damage Claims

If your vehicle has accident damage (and you were not to blame), you could claim for car repair or replacement and any other crash-related property damage. This could include personal items within the car and damage to buildings or other vehicles. You should keep receipts and documents backing up your property damage claim for a successful outcome. (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

When you can’t work because of a car crash, you could claim compensation for lost wages. This can include lost superannuation and other perks you would have received had you continued working. Your lawyer will ask for evidence of your income before the accident and proof of medical conditions preventing you from working.

Pain and Suffering Claims

Depending on the extent of your physical or mental injuries, you could claim compensation for accident-related pain and suffering. This component is often called ‘general damages’ and is usually awarded in more severe cases. Our personal injury lawyers will help you determine your eligibility for a general damages claim. If so, they will help you gather evidence and make a compelling case to the third-party insurer.

Now that you know what you could claim for your accident, you will likely want to understand if you can make a traffic accident claim. That’s next in our ultimate guide.

Can I Make a Car Accident Claim?

Can you make a claim for a car accident? If you were injured in a collision on Queensland roads and were partially or entirely not at fault, the answer is likely yes. Depending on the nature of your injuries, you could claim for both physical and psychological injuries.

Surprisingly, motor vehicle accidents are among the most common claims in Queensland. Traffic accidents can involve any type of vehicle, including cars, buses, trucks, motorbikes, bicycles and electric scooters. You could also be harmed as a pedestrian or in a hit-and-run incident.

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.

If you think you have a case, please get in touch with our friendly legal team to learn about your legal right to compensation. It’s free to understand your rights.

Do I Have a Valid Claim?

What Do I Get for a Car Accident Payout?

If you have been in a Queensland car accident where you were either partially responsible or wholly not to blame, you will want to know how much you get for an accident payout. Be aware that your legal right to claim compensation is outlined in the Motor Accident Insurance Act 1994.

Determining an appropriate compensation payment amount for your vehicle accident claim can be difficult. This is because the specifics of your accident and injuries will determine the value of your compensation in Queensland. Every situation is unique.

In Queensland, personal injury claims are typically handled through mediation, and the financial value of the settlement is kept confidential unless a court judgment is issued, which is uncommon. MAIC data can be accessed for road accident compensation claims.

Keep reading our ultimate guide to car accident claims to know the average payout amounts for road accidents.

Average QLD Car Accident Claim 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 SeverityClaim PercentageAverage Claim Payout
Minor75%$ 82,600
Moderate12.8%$ 183,00
Serious4.9%$ 358,600
Severe0.5%$ 636,600
Critical0.3%$ 1,486,400
Accident claim average payouts table

What is my claim worth?

What Can Reduce the Value of a Car Accident Claim?

The value of your personal injury settlement will be reduced when you have contributory negligence. 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.
• Your partial negligence helped cause the accident.
• An intoxicated driver.

If you believe you were partially responsible, you will need an experienced accident claim lawyer to advise on your circumstances. They will seek to negotiate down your percentage of contributory negligence to deliver a better outcome.

Who is at fault in a car accident? >

Who Pays Compensation After a Car Accident?

In most cases, the third-party insurance provider of the at-fault motorist will be responsible paying your compensation. In Queensland, this is typically a one-off lump sum payout.

With a structured settlement, you will receive payments over time rather than all at once. However, this is rare. Considering that car accident compensation payouts can be considerable, seeking financial advice to reduce your tax liability would be wise.

A personal accident insurance policy document on a desk next to a magnifying glass and eye glasses.

6 Steps to Lodging a Car Accident Claim

Lodging a car accident claim can be demanding, but getting your desired compensation is even more so. However, when you work with our expert accident compensation lawyers, you will understand how to follow the steps to optimise your chance of success. Here are the recommended actions:

  1. Collate evidence
  2. Notify the insurer
  3. Contact a good lawyer
  4. Lodge a claim
  5. Negotiate a settlement
  6. Court proceedings (if required)

1. Collate Evidence

All successful car crash claims rely on solid evidence. These documents will include expert medical reports and assessments.

2. Notify the insurer

Inform the insurance company about the road accident, including the date, time, who was involved, etc.

3. Contact an expert lawyer

The strength of your outcome often relies on the expertise of your legal representation.

4. Lodge a claim

Your lawyer will help prepare a solid case that addresses the insurers’ requirements, giving you the best chance of a winning outcome.

5. Negotiate a settlement

After claim lodgement, your legal team starts the mediation process to negotiate a settlement. Expect some delay here as the insurer seeks to reduce your payout. It will be hard for them to deny a solid legal case.

6. Court Proceedings (if required)

Splatt Lawyers settles 99% of motor vehicle accident claims without court action. Typically, only very severe cases with million-dollar payouts proceed to court. We would only take your claim to court if you instructed us to do so.

Infographic of CTP claim timeline

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:

1. Notification of injury: You must lodge your CTP claim policy documents within nine months of your 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.

2. Confirmation of lodgement: the CTP insurer will notify you within 14 days whether your claim is compliant and will offer to fund your rehabilitation.

3. Rehabilitation and medical care: please seek appropriate care for your injuries.

4. Assessment of Liability: The insurer will assess your claim’s merit and decide whether to accept or reject liability.

5. The CTP insurer seeks information: the car insurance company will get copies of your medical records and other documents to calculate compensation. Your legal team will also seek these documents.

6. Your injuries stabilise: Your injuries must be stable before calculating the compensation value.

7. Payout negotiation: your solicitor negotiates for the best possible outcome.

8. Compensation settlements: Your payout is deposited into your bank account.

A lawyer explaining to a client how to have a successful personal injury claim for a car accident

6 Steps to A Successful Car Accident Claim

Road accidents can have a lasting impact on Queenslanders’ lives, so you must know how the personal injury claims process for CTP insurance benefits works. Here 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 such as 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 expert personal injury lawyers

You could claim compensation when injured in a car crash on Queensland roads. Often, CTP insurers seek to limit your payout, so you should seek expert legal advice from an experienced personal injury lawyer.

Get proof of your 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 might also seek compensation for past and future lost income and superannuation.
Get compelling evidence of your suffering.

You can also generally claim compensation for non economic loss, such as pain and suffering. To succeed, you will need proof of pain and suffering relating to a physical or psychological injury. Our car accident lawyers will assist you, as case law often influences lost quality-of-life calculations.

You should consult a psychologist or psychiatrist if your personal injuries affect your mental health. When building your case, you can add your mental health condition documentation to your compensation claim to support your common law damages case following a collision.

Time is of the essence, so keep that in mind.

Be careful to ask your lawyer about the deadlines for filing your compensation claim paperwork. A person has almost nine months from the date of an auto accident in which they were injured to bring a damages claim in Queensland. Even if you exceed the deadline, you can ask an accident law firm for help with an exemption if warranted.

How Long Does a Motor Vehicle Accident Claim Take?

If you believe you have a valid auto accident claim, you will likely be concerned about how long it will take.

Regarding motor vehicle accident compensation in Queensland, the time it takes for your case to settle can vary depending on your circumstances. Generally speaking, most claims have an outcome within 6-12 months. However, this timeframe is flexible, and some cases may take longer or shorter depending 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:

  1. It takes more time for injury stabilisation. Compensation will be calculated once this happens.
  2. Insurance companies will defend larger claims more vigorously.

What is the Time Limit for a Car Accident Claim in Queensland?

Please consider the tight 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 incident 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, so please contact one of our legal team immediately. It’s free to know the time limits for your case.

More about accident claim time limits >

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Contact A Personal Injury Lawyer for Car Crash Claims

When injured in a motor vehicle accident, you must contact motor vehicle accident lawyers for informed legal advice regarding personal injury claims. Typically, what you do soon after your incident will impact the outcome of your case.

Your compensation claim lawyer will:

• Collate all necessary documents to lodge with the insurance company
• Explain the legal process and our legal fees
• Help you access financial assistance for future medical treatment and rehabilitation expenses.

The professional team of car accident compensation specialists helps you navigate the process of making a claim. We will ensure that you are compensated for your injuries, time off work, loss of earnings, and any other financial losses related to your crash.

It’s free to start, and you pay nothing until we win your case and owe nothing if we lose. It’s all part of our No Win, No Fee, No Risk guarantee.

Call Now for immediate legal help: Call 1800 700 125 or email us >

Win Your Case With Splatt Lawyers?

A team of experienced personal injury lawyers

Traffic Accident Lawyers Nearby

With ten Queensland-wide locations, finding a traffic accident expert nearby is simple. Choose your Splatt Lawyers location now:

BrisbaneGold Coast
LoganSunshine Coast
IpswichToowoomba
CairnsCaboolture
BundabergTownsville
Queensland locations of motor vehicle accident lawyers

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