When you have a road, car, or motor vehicle accident injury, you could have the legal right to claim compensation by making a car accident claim. 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.
Claiming for a QLD Motor Vehicle Accident
Anyone hurt in a collision or other road incident in Queensland can file a motor vehicle accident claim, even if they were partially at fault. Our personal injury litigation lawyers have nearly three decades of experience assisting Queenslanders harmed in a traffic accident. Furthermore, understanding your eligibility for a road accident claim is free, and you pay nothing until we win your case.
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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 who was involved, and/or other parties like pedestrians, motorcyclists, cyclists, or public transportation passengers 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.
Factors that Impact a Successful Car Accident Claim
Let’s face it: car accident 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. Having said that, 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 the insurance company challenges 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 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.
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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.
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3. Bicycle Accident Claims
Depending on how your accident occurred, you could make a bicycle accident claim when harmed on the Queensland road network. Often, bicycling is riskier than driving, making it an unfair competition. Cyclists are usually thrown off their bikes onto hard surfaces in accidents, increasing their risk of catastrophic or serious injury.
Contact our bicycle accident lawyers to learn how Splatt Lawyers can assist.
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4. Pedestrian Accident Claims
Pedestrians involved 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.
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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.
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6. Public Transport Accident Claims
Injured public transport passengers may be entitled to accident claim damages. Regardless of the public transport used, such as bus, train, boat, ferry, cruise ship, or airplane, 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.
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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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What Assistance Do Car Accident Claims Lawyers Provide?
What assistance do expert car accident lawyers provide if you are considering hiring a personal injury solicitor for a road incident?
A large CTP insurance company should compensate you when you seek restitution for your harm. Typically, they have teams of lawyers whose role is to minimise how much they payout 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). They know the techniques they use to reduce their liability.
How Splatt Motor Vehicle Accident Lawyers Help
When you want the best possible outcome for your case, rely on the expert team at Splatt Lawyers. We have successfully settled thousands of road accident claims for nearly three decades and have the know-how to help you.
Our experienced road accident solicitors help by:
- Offering you a free, comprehensive claim evaluation
- Advising if you have a valid case.
- Sharing your approximate payout value
- Explaining your statutory obligations
- Helping you collate compelling evidence.
- Negotiating with strong insurance companies
- Reducing your stress and anxiety during your claim
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Next, in our guide to car accident claims, we discuss the compensation you might receive.
What Compensation Can I Claim for a Car Accident?
The amount of 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. 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.
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
You could claim compensation for accident-related pain and suffering, depending on the extent of your physical or mental injuries. 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 Have 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. You could claim for both physical damage and psychological injury, depending on the nature of your injuries.
Surprisingly, motor vehicle accidents are one of 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.
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 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 |
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What Can Reduce the Value of My Accident Claim?
The value of your accident claim 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 My Car Accident Claim Compensation?
In most cases, the third-party insurance provider of the at-fault motorist will be responsible for paying your 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. Considering that car accident compensation payouts can be considerable, seeking financial advice to reduce your tax liability would be wise.
5 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: all successful litigation 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 a good solicitor – the strength of your outcome often relies on the expertise of your legal representation.
4. Negotiate a settlement: your legal team starts the mediation process after claim lodgement. Expect some delay here as the insurer seeks to reduce your payout. It will be hard for them to deny a solid legal case.
5. Court proceedings: 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.
What is the CTP Insurance 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 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. CTP insurer seeks information: the 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 compensation value.
7. Payout negotiation: your solicitor negotiates for the best possible outcome.
8. Compensation settlements: your payout is deposited into your bank account.
6 Steps to A Successful Car Accident Claim
Road accidents can have a lasting impact on the lives of Queenslanders, so you must know how to successfully claim CTP insurance benefits for your harm. Here are the steps to having a successful car accident claim and getting fair compensation.
Gather information at the accident scene.
We recommend gathering evidence for your road accident claim as soon as possible. Taking photos and videos of the accident scene from various angles will help to prove liability.
You will need the following:
- The license plate number and insurance details of all accident participants
- Get the names and contact information of any witnesses. In the event of a liability dispute, their testimony may be helpful.
- Note the incident’s time, place, and weather conditions. This information might help determine what went wrong and who is to blame for the accident.
- If law enforcement attended the scene, get copies of the police report.
Immediately contact a doctor.
Please seek medical attention after a car crash, regardless of how minor your injuries are. Often, injured people don’t know the full extent of the damage until a few days after an accident, so you must have a doctor record your physical or mental impairment.
- Should I take time off work for my injury?
- How long will my recovery take?
Talk with an expert compensation solicitor.
Effective legal representation from the beginning is crucial to maximising your chances of receiving compensation for an auto accident. You should hire a road accident lawyer with ample experience in traffic accident claims. To start immediately, consider your chance of success and the proof you need to win your case.
Furthermore, waiting too long to see a doctor following a car crash may harm your accident claim. Doing this can raise questions about whether your injuries relate to the incident.
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.
Generally, you can also get compensation for pain and suffering. To succeed, you will need proof of pain and suffering relating to physical or mental injuries. Our car accident lawyers will assist you in this regard, as case law often plays a part in 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.
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How Long Do Auto Accident Claims Take?
If you believe you have a valid auto accident claim, you will likely be concerned with how long they 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:
- It takes more time for injury stabilisation. Compensation will be calculated once this happens.
- Insurance companies will defend larger claims more vigorously.
What is the Time Limit for a Car Accident Claim in Queensland?
Please consider the tight car accident claim time limits under Queensland’s CTP (compulsory third party) insurance claim 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 get in touch with one of your legal team immediately. It’s free to know the time limits for your case.
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Contact A Vehicle Accident Law Firm!
When injured in a Queensland automobile accident, you must immediately contact a vehicle accident law firm for informed legal advice. 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, helping you get financial assistance for your future medical treatment and rehabilitation expenses.
The professional team of car accident compensation specialists at Splatt Lawyers 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.
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Traffic Accident Lawyers Nearby
With eight Queensland-wide locations, finding a traffic accident expert nearby is simple. Choose your Splatt Lawyers location now:
| Brisbane | Gold Coast | Toowoomba | Ipswich |
| Logan | Sunshine Coast | Caboolture | Bundaberg |