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        Car Accident Injury Claims in QLD: No Win No Fee Guide

        June 19, 2025

        Can I Claim Car Accident Compensation in Queensland?

        CTP Injury Claims Explained for Drivers, Passengers and Pedestrians

        You can claim compensation in Queensland if you’ve been injured in a car accident that wasn’t your fault — and the claim is usually made through the at-fault driver’s CTP (Compulsory Third Party) insurer. This applies whether you were driving, a passenger, a cyclist or even a pedestrian. The CTP scheme covers medical expenses, lost income, rehabilitation, and pain and suffering — depending on the extent of your injury and how it affects your life.

        To make a successful car accident injury claim in Queensland, you must meet strict eligibility criteria and follow legal time limits. The process includes gathering crash evidence, submitting a formal claim form, and negotiating with the insurer. If you were hit by an unknown driver, such as in a hit and run, you may still be covered under the Nominal Defendant scheme.

        This guide explains everything you need to know — step by step. From knowing your rights under QLD’s CTP insurance scheme to understanding what your claim might be worth, we break it all down in plain English. You’ll also learn about time limits, how to maximise your payout, and how car accident lawyers help injured Queenslanders secure fair compensation.

        What Should I Do After a Car Accident in Queensland?

        To protect your compensation rights in Queensland, you must seek medical help, report the crash to police if required, collect key evidence, and lodge a CTP injury claim as soon as possible. These steps are essential if you intend to make a car accident claim through the at-fault driver’s CTP insurer.

        Failing to act quickly or missing key evidence can delay or even disqualify your right to compensation — especially in complex cases like hit and runs. Here’s exactly what to do after a crash in Queensland to support your car accident compensation claim.

        Step 1: Get Medical Attention — Even for Minor Symptoms

        Why it matters immediately

        • Medical reports are a core requirement of any CTP claim

        • Delay in treatment weakens your ability to prove injury

        • Some injuries (like whiplash or psychological trauma) worsen over time

        What to ask your GP or hospital:

        • Clearly state the injury was caused by a car accident

        • Request a written diagnosis and treatment plan

        • Keep receipts for all treatment — physio, surgery, GP, etc.

        Step 2: Report the Accident to Queensland Police (When Required)

        In QLD, crash reporting is mandatory if:

        • Someone is injured or dies

        • A vehicle is towed from the scene

        • A driver fails to stop

        • Public property is damaged

        How to report the crash:

        • Call Policelink on 131 444

        • Lodge a crash report online via the Queensland Police website

        You’ll receive a QP number, which is required in your CTP Notice of Accident Claim Form.

        Step 3: Collect Evidence at the Scene

        Information you must gather:

        • Full names, licence numbers, and contact details

        • Vehicle registrations of all vehicles involved

        • Photos of the damage, road, weather, skid marks, traffic signs

        • Names and phone numbers of witnesses

        • Personal notes of what happened (sequence of events)

        If you’re unable to collect this at the scene:
        Follow up with police, medical staff, and witnesses within 48 hours. The earlier you gather evidence, the stronger your claim will be.

        Step 4: Identify the At-Fault Driver’s CTP Insurer

        All registered QLD vehicles have CTP cover. You need the at-fault vehicle’s registration number to identify their insurer. This is essential for lodging your car accident injury claim.

        You cannot claim against your own CTP insurance unless:

        • The other driver was uninsured

        • The other driver fled the scene (hit and run)

        In those cases, you must claim through the Nominal Defendant (explained later in this guide).

        Step 5: Complete a CTP Claim Form and Lodge It Promptly

        You must serve a Notice of Accident Claim Form on the at-fault driver’s insurer within:

        Scenario Deadline
        You’ve spoken to a lawyer Within 1 month
        You haven’t spoken to a lawyer Within 9 months
        You’re lodging in court Within 3 years

        If it’s a hit and run:

        • Report to police within 3 months

        • Lodge claim with Nominal Defendant within 9 months

        The claim form must include:

        • Crash details

        • Medical certificate

        • Treatment and income loss documentation

        • Police QP number

        A lawyer can prepare and lodge this form correctly to avoid rejection or delay.

        Step 6: Continue Medical Care and Track Recovery

        Insurers and lawyers assess your claim based on your treatment journey. If you skip follow-up appointments or ignore rehab advice, your claim could be reduced.

        Keep a record of:

        • Medical appointments and referrals

        • Recovery timelines

        • Impact on work, driving, and daily life

        • Paid and unpaid support (e.g. domestic help, carers)

        Step 7: Seek Legal Advice — Especially for Complex Claims

        Why this helps your outcome:

        • Most people don’t know how to calculate general damages, future losses, or home assistance

        • Lawyers can serve the form correctly and negotiate higher payouts

        • Claims involving disputed liability, psychological trauma or long-term care needs benefit from expert representation

        In fact, according to Queensland’s CTP regulator, claimants with legal support receive up to 8x more compensation than those who lodge alone.

        Summary Table: Essential Actions After a Car Accident in QLD

        What to Do Why It Matters for Your Injury Claim
        See a doctor immediately Proves crash caused the injury
        Report to police (if required) Legal requirement for CTP claims
        Gather crash evidence Helps establish fault and damage
        Identify the CTP insurer You must claim against their insurer
        Lodge your claim form on time Strict deadlines apply
        Keep medical and income records Forms the basis of your compensation
        Consider legal help early Stronger, faster, more complete claims

        Am I Eligible to Make a Car Accident Injury Claim in QLD?

        You’re eligible to make a car accident injury claim in Queensland if you were injured in a crash that wasn’t your fault, and the at-fault vehicle was registered in QLD. This includes drivers, passengers, pedestrians, cyclists and motorcyclists.

        Your claim must relate to a physical or psychological injury directly caused by the crash. If you’re partially or fully at fault, or your injuries aren’t linked to the crash, you generally won’t be entitled to compensation.

        Who Can Make a CTP Claim After a Crash?

        You may be eligible to lodge a CTP injury claim in Queensland if:

        • You were injured in a motor vehicle accident that was not your fault

        • The at-fault vehicle is registered in Queensland

        • The crash happened within the last 3 years

        • Your injuries are linked to the accident and verified by medical evidence

        • You were one of the following at the time of the crash:

        Important: You do not need to know the other driver personally. You only need their vehicle registration number to identify their CTP insurer.

        Who Cannot Make a CTP Claim in Queensland?

        You generally cannot make a car accident injury claim if:

        • You were the sole cause of the accident

        • You can’t show a medical injury connected to the crash

        • The vehicle at fault is unregistered or from another state without coverage

        • The crash happened more than 3 years ago and no claim was lodged

        • You were injured in a crash not involving a motor vehicle (e.g. a bike-on-bike collision)

        What if You’re a Passenger in the At-Fault Car?

        Even if the at-fault driver is a friend, family member, or your partner, you can still make a CTP claim. This includes passengers injured in single-vehicle crashes (e.g. hitting a tree or power pole).

        The claim is against the insurer, not the driver personally. Making a claim does not cost the driver anything — and their CTP insurance covers the legal liability.

        What If the Driver Can’t Be Found?

        If you were involved in a hit and run or the at-fault driver cannot be identified, you may still claim compensation through Queensland’s Nominal Defendant scheme — a government insurer of last resort.

        Key eligibility criteria for Nominal Defendant claims:

        • The crash must be reported to police within 3 months

        • The claim form must be lodged within 9 months of the crash

        • You must show you made reasonable efforts to identify the vehicle

        • Medical proof of injury is required

        This option is critical for pedestrians, cyclists, and drivers struck by uninsured or unidentified vehicles.

        What If I Have a Pre-Existing Condition?

        You can still be eligible if the accident made a pre-existing condition worse. This is called aggravation of a pre-existing injury and is compensable under QLD’s CTP scheme.

        For example:

        • A person with mild lower back pain suffers a major lumbar disc injury in a rear-end crash

        • Someone with past anxiety experiences PTSD following a collision

        Medical evidence must show how the crash worsened your existing condition.

        What If the Crash Happened More Than 9 Months Ago?

        You may still be able to claim — but you’ll need a valid explanation for the delay. Extensions can be granted in cases involving:

        • Late-onset or gradually worsening injuries

        • Psychological trauma or mental health delays

        • Situations where the injured person was a minor

        • Scenarios where the person didn’t initially realise their injury was linked to the crash

        Final cut-off: All legal proceedings must start within 3 years of the crash date — or your claim will be permanently barred under the Limitation of Actions Act 1974 (Qld).

        Eligibility Summary Table

        Situation Eligible for CTP Injury Claim?
        Injured in a crash caused by someone else ✅ Yes
        Passenger injured in at-fault friend’s car ✅ Yes
        Pedestrian or cyclist struck by a vehicle ✅ Yes
        Injured in a hit and run (reported to police) ✅ Yes (via Nominal Defendant)
        Injured in single-vehicle crash you caused ❌ No
        Injury not linked to the accident ❌ No
        Crash more than 3 years ago (no claim made) ❌ No, unless rare exception applies
        Minor injured in crash 5 years ago ✅ Yes (until they turn 21)

        Kathryn MacDonell

        Chief Executive Officer

        Kathryn is Trilby Misso’s Chief Executive Officer.

        Meet Kathryn

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        Your next step is a small one, but don’t delay

        Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.

        During this initial conversation, we will:

        • Have a chat about the circumstances and nature of your injury.
        • Give you an approximate indication of your eligibility to make a WorkCover claim, or a claim for compensation through other means.
        • Explain, in simple terms, how our process works. We will answer any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.

        We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.

        The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.

        Call 07 3910 5470 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.

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