Road Accident Lawyers Queensland

By Travis Chambers, Senior Associate
Last reviewed: August 2026

Queensland’s CTP scheme is fault-based and may apply where another driver caused or partly caused an injury. Claims can involve cars, motorcycles, trucks, bicycles and pedestrians. Strict notice and court time limits apply.

Key Takeaways

• Queensland CTP personal injury claims generally require another driver to have caused or partly caused the accident.
• A Notice of Accident Claim Form is generally required within 9 months, or within 1 month after first consulting a lawyer about making a claim, whichever occurs earlier. Different rules apply to unidentified vehicles.
• Court proceedings for personal injury are generally subject to a 3-year limitation period, although exceptions can apply.
• Depending on the circumstances, compensation may include treatment and rehabilitation costs, loss of income, general damages and other recognised losses.

What is a road accident claim in Queensland?

A road accident claim in Queensland is generally a claim for compensation for personal injury arising from a motor vehicle accident. Most Queensland road accident claims involving personal injury are dealt with through the state’s Compulsory Third Party insurance scheme under the Motor Accident Insurance Act 1994.

Queensland operates a fault-based CTP scheme. This means a person generally needs to establish that another driver was wholly or partly responsible for the accident before compensation is available through CTP insurance.

CTP insurance is compulsory for registered motor vehicles in Queensland. The scheme is regulated by the Motor Accident Insurance Commission, commonly known as MAIC, while licensed CTP insurers manage individual claims.

A CTP claim is different from a property damage claim.

Type of claim	What it relates to	Usually dealt with through
CTP personal injury claim	Physical or psychological injury resulting from a motor vehicle accident	CTP insurer
Vehicle damage claim	Damage to a car, motorcycle or other vehicle	Comprehensive or third party property insurer, or the responsible party
Other property damage	Damage to personal property	General insurance or a civil property damage claim

CTP insurance does not pay for damage to a vehicle or other property. Its purpose is to respond to personal injury liabilities arising from motor vehicle accidents.

For broader information about this area, see motor vehicle injury claims in Queensland and CTP lawyers and CTP claims.

Queensland road accident and CTP statistics

MAIC’s 2025-26 CTP scheme data provides an overview of how Queensland motor accident claims are occurring across the state.

Queensland CTP statistic	Latest reported information
Change in new claims	New claims increased by 4% in 2025-26 compared with the previous year
Claimant role	71.6% of claims were made by drivers
Crash movement	50.5% of accidents occurred while vehicles were travelling in the same direction
Nominal Defendant matters	247 managed claims involved unidentified vehicles and 99 involved uninsured vehicles in 2025-26
Common crash period	The majority of reported crashes occurred between 3 pm and 6 pm on weekdays
Regional comparison	More CTP claims arose from metropolitan areas, although regional crashes generally resulted in more severe injuries

Source: Motor Accident Insurance Commission, Annual CTP Scheme Insights 2025-26. Road and traffic information is also published by the Queensland Department of Transport and Main Roads.

What types of road accidents can I claim for?

Queensland’s CTP scheme can apply to many types of motor vehicle accidents where another driver was wholly or partly at fault.

Vehicle type quick navigation

Car	Motorcycle	Truck	Bicycle	Pedestrian
Car accident compensation	Motorcycle accidents	Truck accidents	Bicycle accidents	Pedestrian accidents

Car accidents

A claim may arise where a driver is injured because another driver caused or partly caused a collision. Passengers may also have rights under the CTP scheme, including where the driver of the vehicle in which they were travelling was at fault.

Motorcycle accidents

Motorcycle riders and pillion passengers may be covered by the CTP scheme where another person was wholly or partly responsible. More information is available on the motorcycle accident lawyer information page.

Truck and heavy vehicle accidents

CTP claims can also arise from collisions involving trucks, prime movers and other heavy vehicles. The same general CTP principles apply, although the factual and evidentiary issues may be different. See the Queensland truck accident information page.

Bicycle accidents involving motor vehicles

A cyclist may be able to make a CTP claim if they are injured in an accident caused wholly or partly by the driver of a motor vehicle.

Pedestrian accidents

Pedestrians who are struck by a motor vehicle may be able to make a CTP claim where the driver was wholly or partly at fault.

Bus and public transport accidents

Passengers, pedestrians and other road users may have CTP rights following an accident involving a bus or another insured motor vehicle, depending on how the incident occurred and who was responsible.

Rideshare accidents

Vehicles used for booked hire services, including platforms such as Uber and DiDi, operate within Queensland’s motor vehicle insurance framework. Depending on the circumstances, a driver, passenger, pedestrian or other road user may have a CTP claim.

Boat and jet-ski accidents

Boat and jet-ski incidents are different. They are not ordinarily road CTP claims and may involve maritime law, public liability principles or other insurance arrangements. The applicable process depends on the circumstances of the incident.

Who can make a CTP claim in Queensland?

A Queensland CTP claim may be available to a person injured in a motor vehicle accident caused wholly or partly by another driver.

This can include:

• drivers who were not entirely at fault
• passengers, including passengers travelling in a vehicle whose driver caused the accident
• pedestrians struck by a motor vehicle
• cyclists involved in collisions with motor vehicles
• motorcycle riders and pillion passengers
• dependants of a person who died in a motor vehicle accident caused wholly or partly by another driver
• people who live interstate but were injured in a Queensland motor vehicle accident.

Being partly responsible does not automatically prevent a claim. Compensation may instead be reduced to reflect contributory negligence.

A person who was totally at fault, or who was injured in an accident where no other person was at fault, will generally not have a CTP damages claim. However, the no-fault National Injury Insurance Scheme Queensland may provide necessary and reasonable treatment, care and support for people who sustain certain eligible serious personal injuries in motor vehicle accidents on Queensland roads.

How do I start a road accident claim in Queensland?

The CTP process is governed primarily by the Motor Accident Insurance Act 1994.

Step 1: Ensure the accident has been reported to police

A person proposing to make a CTP claim must ensure appropriate notice of the accident has been given to police. Separate road rules also impose reporting requirements on drivers in accidents involving injury or death.

Information about road accident reporting is available through the Queensland Police Service.

Step 2: Obtain medical assessment and keep relevant records

Medical records can establish the nature of an injury, when symptoms arose, treatment received and whether treatment is connected with the accident.

Step 3: Identify the relevant CTP insurer

The claim is generally lodged with the CTP insurer of the vehicle that may have caused the accident.

MAIC provides a service for identifying a Queensland vehicle’s CTP insurer. If the relevant vehicle is unidentified or uninsured, the Nominal Defendant may become involved.

Step 4: Lodge a Notice of Accident Claim Form

A Notice of Accident Claim Form, commonly called a NOACF, formally notifies the relevant insurer of the claim. This is a critical time-sensitive step.

The form requires information about the accident, injuries and other circumstances. A claim can sometimes be lodged before every piece of supporting evidence is available, although further information may then be required before the claim is compliant.

Step 5: Decide how the claim will be managed

MAIC states that a person does not have to engage a lawyer to make a CTP claim and may deal directly with the insurer.

A person looking for a lawyer for a road accident may obtain legal advice at any stage. The role of motor vehicle accident lawyers or road accident solicitors can include advising on legal rights, evidence, liability, damages and the statutory claims process.

Step 6: Complete the CTP pre-court process

The Motor Accident Insurance Act establishes procedures intended to occur before court proceedings. Depending on how the claim progresses, this can include exchange of information, assessment of liability, negotiations and a compulsory conference.

This is a Motor Accident Insurance Act process, rather than the general PIPA pre-court process. The Personal Injuries Proceedings Act excludes personal injury matters to which the Motor Accident Insurance Act applies, although PIPA’s restrictions relating to personal injury advertising and touting have broader application.

Step 7: Resolution or court proceedings

Many CTP claims resolve without court proceedings. If a matter is not resolved through the statutory process, proceedings may be commenced in the Queensland court with appropriate jurisdiction, subject to applicable limitation periods and procedural requirements.

What are the time limits for a road accident claim in QLD?

Queensland CTP claims involve several different time limits. The applicable deadline depends on the circumstances.

Requirement	General timeframe
Standard Notice of Accident Claim Form	Earlier of 9 months after the accident, or first appearance of symptoms if they were not immediately apparent, and 1 month after first consulting a lawyer about the possibility of making a claim
Unidentified vehicle	Notice to the Nominal Defendant should generally be given within 3 months after the accident
Unidentified vehicle absolute limit	If notice is not given to the Nominal Defendant within 9 months after the accident, the claim against the Nominal Defendant is barred
Court proceedings	Generally within 3 years from when the cause of action arose
Children	Different rules apply. The ordinary limitation period generally does not start until the child turns 18, meaning court proceedings can generally be commenced up to the person’s 21st birthday

Late notice does not automatically have the same consequence in every situation. For many late CTP notices, the claimant must provide a reasonable excuse for the delay. The insurer then considers whether the late notice can be accepted.

The 9-month absolute bar is particularly important for claims involving an unidentified vehicle.

The general 3-year court limitation period comes from section 11 of the Limitation of Actions Act 1974. Extensions and exceptions can apply in particular circumstances.

How much compensation can I claim for a QLD road accident?

There is no standard amount of compensation for a Queensland road accident claim. The assessment depends on the individual circumstances, including the injuries caused by the accident, evidence of financial loss, treatment requirements, future consequences and any contributory negligence.

Depending on the evidence and legal requirements, recognised heads of damage can include:

• general damages for pain, suffering and loss of amenities
• past and future economic loss
• past and future reasonable treatment and rehabilitation expenses
• loss of superannuation associated with economic loss
• care and assistance where the legal requirements for those damages are satisfied.

General damages are assessed using Queensland’s Injury Scale Value, or ISV, framework. The current rules are contained in the Civil Liability Act 2003 and the Civil Liability Regulation 2025.

Under the current regulation, Schedule 3 contains the prescribed ISV ranges for particular injuries. Schedule 4 deals with matters relevant to assessing psychiatric impairment using the PIRS framework.

The ISV is one part of assessing general damages. It does not determine the entire value of a CTP claim.

MAIC publishes current information about CTP compensation and annual scheme statistics through the Motor Accident Insurance Commission.

Actual compensation depends on individual circumstances and is determined on a case-by-case basis under the relevant Queensland legislation.

What evidence do I need for a road accident claim?

Evidence will vary from claim to claim, but records commonly relevant to a Queensland CTP claim include:

Evidence type	Why it may be relevant
Police accident information	Records when and where the accident occurred and information provided to police
Medical records	Document symptoms, diagnosis, treatment and the progression of an injury
Hospital and specialist records	Provide more detailed medical evidence where specialist treatment is required
Photographs	May record the scene, vehicle positions, property damage or other relevant physical evidence
CCTV or dash cam footage	May assist when how the accident occurred is disputed
Witness details and statements	Can provide independent evidence about the accident
Payslips and employment records	May establish past income and periods away from work
Tax returns and business records	Can be relevant where income loss is disputed or a claimant is self-employed
Treatment receipts and invoices	May establish expenses associated with treatment or rehabilitation
Records of day-to-day effects	Can assist in documenting changes in function, activities and symptoms over time

The usefulness of any particular document depends on the issues in dispute. Evidence should be accurate and contemporaneous wherever possible.

What does a road accident lawyer cost in Queensland?

Legal costs depend on the firm’s written costs agreement and the work required.

Trilby Misso provides personal injury legal services on a no win no fee basis, subject to the terms of the applicable written costs agreement. The agreement sets out the conditions under which professional fees become payable and how disbursements are dealt with.

Disbursements can include expenses such as medical reports, barrister fees, expert reports and court filing fees. Their treatment should be explained in the written costs agreement.

Queensland’s Legal Profession Act 2007 also regulates conditional costs agreements.

Where a conditional costs agreement for a litigious matter includes an uplift fee, Queensland law limits that uplift to no more than 25% of the legal costs otherwise payable, excluding disbursements. An uplift fee is not the same as charging a percentage of compensation.

Queensland law also contains the 50/50 rule for speculative personal injury claims. This limits claim-related costs to no more than 50% of the client’s entitlement after statutory refunds and disbursements are deducted. It is a costs cap, not a rule allowing a lawyer to charge 50% of compensation.

Further general information is available from the Queensland Law Society and Trilby Misso’s no win no fee information.

Can I claim if I was partially at fault for the accident?

Yes. A person may still have a Queensland CTP claim where another driver was partly responsible for the accident, even if the injured person also contributed to what happened.

This is known as contributory negligence.

Sections 23 and 24 of the Civil Liability Act 2003 deal with contributory negligence. The court considers what a reasonable person in the injured person’s position would have done and may reduce damages to reflect the injured person’s share of responsibility.

Examples can include:

• speeding
• driver distraction
• failing to take reasonable precautions
• not wearing a seatbelt where that failure contributed to the injury
• driving or travelling in circumstances involving alcohol or drugs.

There is not an automatic 25% reduction simply because a person was not wearing a seatbelt. The effect of seatbelt use depends on the evidence and the circumstances.

Queensland legislation does contain specific rules relating to intoxication. In some circumstances those provisions create presumptions and minimum reductions in damages.

Because contributory negligence is fact-specific, a person’s percentage of responsibility cannot be determined from the type of conduct alone.

What if the at-fault driver is uninsured or unknown?

Queensland’s Nominal Defendant acts as the insurer of last resort for certain accidents involving unidentified or uninsured vehicles.

This can include hit-and-run incidents where the vehicle that caused the accident cannot be identified.

MAIC states that, where a vehicle is unidentified, a claimant should make a genuine attempt to identify the vehicle before making a claim against the Nominal Defendant.

The timing rules are particularly strict for unidentified vehicles:

• the Notice of Accident Claim Form should generally be lodged with the Nominal Defendant within 3 months of the accident
• if the unidentified vehicle claim is not notified to the Nominal Defendant within 9 months of the accident, the claim is barred.

Claims involving an identified but uninsured vehicle may also be handled through the Nominal Defendant, although the specific notice requirements should be considered according to the circumstances.

The categories of damages potentially available are assessed under the same broader Queensland CTP and damages framework.

Not sure whether the Queensland CTP scheme may apply?

These four questions provide a basic starting point:

1. Were you injured in connection with a motor vehicle accident?
2. Was a motor vehicle involved?
3. Did another driver cause or partly cause the accident?
4. Are you still within the relevant notice and limitation periods?

If the answer to all four questions is yes, the circumstances may fall within Queensland’s CTP scheme. Eligibility still depends on the individual facts and the requirements of the Motor Accident Insurance Act 1994.

If the accident involved an unidentified vehicle, do not use 9 months as the initial deadline. The usual initial notice period for an unidentified vehicle is 3 months.

Where can I find a road accident lawyer near me in Queensland?

Trilby Misso Lawyers has offices across Queensland in:

Brisbane, Gold Coast, Sunshine Coast, Cairns, Townsville, Rockhampton, Mackay, Gympie, Bundaberg, Hervey Bay, Ipswich, Toowoomba, Cleveland and Springfield.

Information about particular Queensland locations and road accident topics is available through:

• Car accident lawyer Brisbane
• Car accident lawyers Sunshine Coast
• Car accident lawyers Townsville
• Motorcycle accident lawyer
• Queensland truck accident information
• Queensland car accident compensation information

The planned Gold Coast and Cairns city-specific car accident pages should be linked here once those URLs are live. A link should not be added to a page that currently returns a 404.

Legal services may be provided in person or through other communication arrangements. Current office and contact information is available on the contact and locations page.

In Queensland, the usual professional terms are lawyer and solicitor. Searches such as “road accident attorneys” use US terminology but generally refer to the same type of legal service. Searches for phrases such as “best car accident lawyer”, “motor accident lawyers”, “traffic accident lawyers” or “lawyer for road accident” should be considered alongside objective matters such as relevant legal experience, costs information and the terms of the proposed retainer.

How long does a Queensland road accident claim take to settle?

There is no fixed period for resolving a Queensland road accident claim. The timeframe can depend on the severity and stability of the injuries, whether liability is disputed, the evidence required, future treatment or work impacts and how negotiations progress. MAIC reports that many CTP claims resolve without court proceedings.

Do I have to attend court for a road accident claim in QLD?

Not necessarily. Many Queensland CTP claims resolve through the statutory claims process without a court hearing. Some matters involve a compulsory conference before proceedings are started. Court proceedings may become necessary where a claim cannot otherwise be resolved.

Can I claim if the accident happened in QLD but I live interstate?

Potentially, yes. Living interstate does not by itself prevent a Queensland CTP claim. If the accident occurred in Queensland, the Queensland claims process may apply even where the vehicle that may have been at fault is registered interstate. Interstate registration can affect which insurer or authority manages the claim.

What if my psychological injuries developed months after the accident?

Psychological injuries can form part of a CTP claim where the necessary medical and legal connection with the motor vehicle accident can be established. The timing of the first appearance of symptoms can also be relevant to the Notice of Accident Claim Form deadline. Medical evidence is important when symptoms appear after the accident.

Can I claim if I was a passenger in a friend’s car and they were at fault?

Potentially, yes. A passenger may be able to make a CTP claim where the driver of the vehicle in which they were travelling caused or partly caused the accident. Any contributory negligence on the passenger’s part may also need to be considered.

Can I make a CTP claim after a hit-and-run accident in Queensland?

Potentially. The Nominal Defendant may respond where the vehicle that caused the accident cannot be identified. A genuine attempt should be made to identify the vehicle, and strict notice periods apply. The usual initial notice period for an unidentified vehicle is 3 months, with a 9-month absolute bar.

Does CTP insurance cover damage to my car?

No. Queensland CTP insurance covers liability for personal injury arising from motor vehicle accidents. It does not cover damage to vehicles or other property. Property damage is dealt with separately through general insurance or other property damage processes.

Do I need a lawyer to make a CTP claim in Queensland?

No. MAIC states that a claimant can deal directly with the CTP insurer and does not have to engage a lawyer. A person may choose to obtain legal advice at any stage, particularly where they want advice about liability, evidence, damages, costs or the statutory process.

Official Queensland road accident resources

• Motor Accident Insurance Commission for Queensland CTP scheme information, forms, insurer information and scheme statistics
• Queensland Department of Transport and Main Roads for Queensland road, vehicle and transport information
• Queensland Police Service for accident reporting and police information
• Queensland Legislation for current Queensland Acts and regulations
• Queensland Law Society for information about the Queensland legal profession and legal costs

Primary legal sources

Motor Accident Insurance Act 1994 (Qld)
Primary legislation governing Queensland’s CTP insurance and motor vehicle accident claims process.
Queensland Legislation

Civil Liability Act 2003 (Qld)
Relevant to the assessment of damages and contributory negligence.
Queensland Legislation

Civil Liability Regulation 2025 (Qld)
Contains the current Injury Scale Value framework, including the ISV ranges in Schedule 3.
Queensland Legislation

Limitation of Actions Act 1974 (Qld)
Contains the general 3-year limitation period for personal injury actions.
Queensland Legislation

Personal Injuries Proceedings Act 2002 (Qld)
Motor vehicle personal injury claims governed by the Motor Accident Insurance Act are excluded from the general PIPA claims process, but PIPA’s provisions concerning personal injury advertising and touting are of broader application.
Queensland Legislation

Related Trilby Misso information

• Motor vehicle injury claims
• CTP lawyers
• Motorcycle accident lawyer
• Truck accident information
• Car accident compensation Queensland
• No win no fee information
• Case studies
• Contact and locations

About the author

Travis Chambers, Senior Associate

Travis Chambers is a Senior Associate at Trilby Misso Lawyers. His published firm profile states that he specialises in compensation law, including matters arising from incidents on the road, at work and in public places, as well as institutional abuse matters.

Travis holds a Bachelor of Business from Southern Cross University, a Bachelor of Laws (Honours) from Southern Cross University and a Graduate Diploma of Legal Practice from Bond University.

Last reviewed: August 2026

Disclaimer: This page provides general information about Queensland motor vehicle and CTP claims. It is not legal advice and does not take account of individual circumstances. Actual compensation depends on individual circumstances and is determined on a case-by-case basis under the relevant Queensland legislation.