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If you’ve been injured in a car crash in Hervey Bay and it wasn’t your fault, you may be entitled to claim compensation. Whether you were hit along Boat Harbour Drive, Torquay Road, or while heading out of town on the Maryborough-Hervey Bay Road, it’s important to understand your legal rights. A car accident lawyer in Hervey Bay can help protect your entitlements and deal with the insurer while you focus on recovering.
Yes — under Queensland’s personal injury law, if someone else caused your crash and you were injured, you can usually make a compensation claim through the at-fault driver’s CTP insurance.
You may be eligible if you were:
A driver or passenger in a vehicle
Riding a motorcycle, scooter or bicycle
A pedestrian struck by a car
In a work vehicle at the time of the crash
You don’t need to be severely injured to claim. Even whiplash, back pain, or psychological injuries may entitle you to compensation if they impact your work or daily life.
You may be able to claim for:
Medical treatment and rehabilitation costs
Time off work or future loss of earnings
Pain and suffering
Help with domestic tasks or transport
Most claims go through the CTP insurer of the vehicle responsible for the crash. You’ll need to complete and lodge a Notice of Accident Claim Form, supported by police and medical evidence. It’s best to get legal help to avoid errors and make sure your claim is properly assessed.
A Hervey Bay car accident lawyer can help by:
Preparing and submitting all required documents
Proving the other party was at fault
Organising medical assessments
Negotiating with the insurer for a fair payout
Having someone local also means you can meet in person and get updates quickly — especially helpful if you’re still recovering.
There are strict timeframes for starting a personal injury claim after a car accident in Hervey Bay:
3 years from the date of the crash to start court proceedings
9 months to lodge the Notice of Accident Claim Form (or 1 month from first seeing a lawyer)
3 months if claiming through the Nominal Defendant
If you miss these deadlines, you could lose your right to claim. A local vehicle accident lawyer can help you act quickly and make sure your claim is lodged on time.
If you were injured in a hit and run, or the at-fault driver didn’t have CTP insurance, you may still be eligible to claim through Queensland’s Nominal Defendant scheme. This is a government body that steps in to pay claims where no insurer is available.
Time limits for Nominal Defendant claims are tighter:
3 months to notify the scheme
12 months to finalise your full claim documentation
Don’t delay — speak to a car crash lawyer in Hervey Bay as soon as possible if you can’t identify the other driver or suspect they weren’t insured.
A no win no fee lawyer in Hervey Bay will only charge legal fees if your claim is successful. This means:
No upfront legal costs
No out-of-pocket expenses during the claim process
No legal bill if your claim is unsuccessful
This arrangement makes it easier for locals to access legal support after an accident, regardless of their financial situation.
Each car accident injury claim is unique. Payouts are calculated based on your injuries, time off work, treatment needs, and how your life has been affected.
Here’s a general guide to common compensation ranges in Queensland:
Type of Injury | Estimated Compensation Range |
---|---|
Minor whiplash or soft tissue injury | $5,000 – $25,000 |
Moderate injuries (fractures, etc.) | $30,000 – $150,000 |
Serious injuries (surgery, rehab) | $150,000 – $500,000 |
Severe/lifelong injury | $500,000 – $1.5 million+ |
Your actual compensation depends on:
How long you’re off work
Whether you can return to your job
Your future medical costs
The impact of the injury on your life and wellbeing
A Hervey Bay personal injury lawyer can assess your claim and estimate what you may be entitled to once they understand your specific situation.
What if I was in a friend’s car during the crash?
You can still make a claim — even passengers are covered under Queensland’s CTP scheme if the driver was at fault.
Do I need to report the crash to police?
Yes — a police report is usually required for any injury claim and helps support your case.
Can I claim if I was walking or cycling at the time?
Yes — as long as a registered vehicle was involved and you were injured due to the driver’s negligence, you may be eligible to claim.
Should I accept the insurer’s first offer?
It’s often best to speak to a lawyer first. Early offers are sometimes lower than what you may be entitled to.
Queensland CTP Insurance Info – https://www.qld.gov.au/transport/safety/accidents/injuries/ctp
Lodge a Nominal Defendant Claim – https://www.publictrustee.qld.gov.au/nominal-defendant
Personal Injury Claims Guide – https://www.qld.gov.au/law/personal-injury-claim
If you’ve been injured in a car accident in Hervey Bay, acting quickly and getting the right legal advice can help you secure the compensation you’re entitled to. Time limits are strict, and the claims process can be complex — but with support from a local car accident lawyer in Hervey Bay, you don’t need to go it alone. With a no win no fee arrangement, you can focus on getting better while your lawyer handles the paperwork, negotiations, and deadlines for you.
Kathryn is Trilby Misso’s Chief Executive Officer.
Meet KathrynUse this simple online tool and find out if you have a claim in less than thirty seconds. You can choose to remain anonymous.
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