Road accident injury lawyers Queensland

Had a road accident? What you can do.

If you have been hurt as the result of a motor vehicle or road accident, Maurice Blackburn's dedicated team can help you with your claim.

We can help you make a compensation claim, whether you're a car or truck driver, passenger, motorcycle rider, cyclist, pedestrian or public transport passenger. Our road accident compensation lawyers understand the road accident legal system and know how to get you what you're entitled to.

Compulsory Third Party (CTP) compensation claims

Before you can take legal action, you must make a third party insurance claim with the appropriate agency in your state or territory. Compensation laws vary in each state and territory, but all motor vehicle owners in Australia pay Compulsory Third Party (CTP) insurance as part of their vehicle registration.

Unfortunately, your insurer often won't automatically offer to pay you the entirety of your compensation entitlements. That's why we'll provide you with expert legal advice that puts your interests first.

If you've been involved in a car accident and have sustained an injury, you should be able to make a Compulsory Third Party (CTP) insurance claim.

You’ll need to:

  • report the incident to the police (we can help prepare and submit the report)
  • find out who the insurer is for the 'at fault' vehicle and submit a Notice of Accident Claim Form (you’ll need to do this within the time limits that apply)
  • get a medical certificate from your doctor detailing your injuries.

Why Maurice Blackburn?

We are committed to being Australia’s leading road safety law firm. Every day we see the impact of road trauma on those involved, their families and their way of life. That’s why we focus beyond compensation and we work with governments, road user groups, enthusiasts, clubs, unions and advocacy groups across Australia towards our common goal of safer roads.

Our lawyers are also experts in the National Injury Insurance Scheme (NIIS). NIIS is a scheme that provides necessary and reasonable lifetime treatment, care and support to those eligible who have sustained catastrophic personal injuries in a road accident in Queensland after 1 July 2016.

We are a national firm with Queensland offices in Brisbane, Browns Plains, Caboolture, Cairns, Gold Coast, Ipswich, Mackay, Rockhampton, Strathpine, Sunshine Coast, Toowoomba, Townsville, and throughout Australia.

Our costs

We provide our services on a 'no win, no fee'* basis. This means that you will only pay our legal fees if you receive a settlement or compensation. You would not be charged our fees if the claim is not pursued after investigation.

Frequently Asked Questions

Are my rights the same no matter where I am in Australia?

No. There are different compensation laws in every Australian state and territory. Where you should claim depends on where the accident happened, where you live and/or the state in which your vehicle is registered. If this is not the same state, it is important that the laws of both states are considered.

What types of road and car accidents are covered in Queensland?

Compulsory Third Party (CTP) insurance in Queensland is a 'fault' scheme. People can claim even if the accident was partly their own fault. We can advise on this. CTP insurance covers a number of accident types, including:

  • a driver injured in an accident where the other vehicle was at fault
  • a passenger injured in an accident with another vehicle
  • a passenger injured in a single vehicle accident
  • a pedestrian hit by a vehicle
  • a cyclist hit by a vehicle or hitting an opening door of a vehicle ('dooring')
  • a motorcyclist hit by a vehicle
  • a driver or passenger in a single vehicle accident caused by a defect in the vehicle, which caused the vehicle to run out of control
  • people injured when a vehicle cannot be identified or is unregistered
  • a person who witnesses one of these accidents
  • the dependants of someone who dies in an accident.

Please refer to our brochure for further information relating to your state.

What is the National Injury Insurance Scheme?

The National Injury Insurance Scheme (NIIS) is a scheme for anyone who has had an accident in Queensland and has sustained serious personal injuries. The scheme provides lifetime treatment to those eligible, and is designed to help people achieve their goals and maximise their independence. For more information on the NIIS and for help with your claim contact Maurice Blackburn today.

Does the NIIS scheme affect my CTP insurance?

No it won't. Your CTP insurance will still cover injuries in road accidents that are not catastrophic.

What compensation and benefits am I entitled to in Australia?

Depending on your location and eligibility to make a claim, you may be entitled to no fault benefits including medical and like expenses, loss of income payments and lump sum payments.

In some states you may also have common law rights to sue the person who caused the accident. You should talk to your lawyer about your rights. In a common law claim you can claim for pain and suffering, loss of amenity, loss of wages and/or financial loss (including superannuation), and medical expenses.

Strict time limits apply that vary in each state, and different laws apply for children.

Are there any other costs can I claim for in Australia?

In some states where you are eligible to make a no fault claim, you may also be able to claim the reasonable costs associated with the motor vehicle accident, such as:

  • travel to and from medical appointments associated with your motor vehicle injuries
  • an injured person returning to work or retraining
  • home and vehicle modifications
  • attendant care services, including attendant care while travelling overseas
  • home help, domestic assistance, gardening services, school tutoring and integration aides.

Is there a time limit for me to claim compensation in Queensland?

Yes. Time limits vary between states, and depend on whether the person injured is an adult or a child and who is at fault for the accident. You may have as little as 28 days from the date of the accident to lodge your initial claim, while in other states you may have up to a year with a possible extension of up to three years. It is best to seek legal advice as soon as possible. We provide our initial advice and evaluation for free.

How do I make a CTP claim?

Maurice Blackburn will assist you with your CTP claim. The process varies around Australia, but generally it involves:

  • reporting the accident to the police (if you didn't do this, we can submit a report for you)
  • completing and lodging a Notice of Accident Claim Form with the CTP insurer of the vehicle at fault, within the strict time limits that apply
  • including a special medical certificate with your claim, which has been completed by your own medical doctor if possible.

How long will my car accident compensation claim take?

After you have made a claim, the CTP insurer must make a decision about whether they accept or deny liability (fault). They often deny fault when they should admit fault. Each case is different and it is important not to finalise a claim too early, because all of your losses may not be assessable at an early stage.

Claims may sometimes take longer due to injuries not having stabilised, difficulty in negotiating a settlement with the insurer or delays in the court process. It is important to remember your claim is unique. We will push your claim to resolve it as quickly as possible. We're happy to discuss timeframes with you.

Will I have to go to court?

In the vast majority of cases, claims are resolved without going to court. We can usually settle claims by negotiation. We keep you fully advised and informed through this process.

Our Process

Our Queensland team will assist you with your claim and ensure your know about your rights and entitlements.

1

Get in touch

Tell us your story, we're here to listen

2

Free first consultation

When we meet the initial consultation is free

3

Negotiation

We will manage all discussions with the insurer

4

Settlement

We will process your payment as soon as we receive it

We are committed to helping you at a difficult time in your life

First free consultation

Obligation-free confidential consultation to access your claim

'No win, no fee'*

If your claim isn't successful you won't have to pay our fees

12 Queensland offices

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