Car Accident Lawyers Brisbane & QLD
Legal representation for drivers, passengers, cyclists and pedestrians injured in car accidents. We run Queensland CTP claims start to finish: we lodge your Notice of Accident Claim, gather the medical and income evidence, and deal with the insurer for you.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
Your time limits
Queensland law- After first legal consultation 1 mth
- Nominal Defendant Claims (Unidentified Vehicle) 3 mths
- CTP notice — earlier rules apply 9 mths
- Usual court limitation period 3 yrs
Who Can Claim Car Accident Compensation?
If you've been injured in a car accident in Queensland, you may be entitled to compensation through the state's Compulsory Third Party (CTP) insurance scheme. This covers personal injury, not property damage, when negligence is involved.
Who We Represent
Our car accident lawyers act for people injured across Queensland, whether you were driving, a passenger, a cyclist, a pedestrian, or struck by a vehicle.
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Car Drivers
Injured by negligent drivers, road hazards, or defective equipment
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Passengers
Injured while riding as a passenger in any motor vehicle
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Cyclists
Struck by vehicles while cycling on roads or bike paths
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Pedestrians
Struck by vehicles in accidents caused by driver negligence
Am I Eligible to Claim?
To pursue a car accident compensation claim in Queensland, certain criteria must be met. Our lawyers will assess your eligibility during your no-obligation first consultation and guide you through every step of the process.
Core Requirements for Car Accident Claims
- Negligence or Fault. Another party must be at fault for the accident. This could be a driver failing to give way, running a red light, speeding, distracted driving, or any other breach of road rules. The fault can be full or partial, Queensland law recognises contributory negligence, meaning you can still claim even if you share some responsibility for the accident.
- Documented Injury. You must have sustained a compensable personal injury requiring medical treatment. This includes physical injuries such as fractures, whiplash, soft tissue damage, head trauma, and spinal injuries, as well as psychological injuries like PTSD, anxiety, and depression. Early diagnosis and comprehensive medical documentation strengthen your claim and establish causation.
- Insurer or Nominal Defendant identified. We check the at-fault vehicle and its CTP insurer. An identified uninsured vehicle may lead to a Nominal Defendant claim under the ordinary notice timing. A vehicle that cannot be identified has different notice rules; leaving the scene alone does not determine the route.
- Time limits need checking. The CTP notice uses the earlier ordinary deadline; unidentified vehicles have separate rules. Court proceedings generally have a 3-year limit. Children, legal incapacity, late notice and limited extensions need individual advice. Ask us to check your dates, even if you think a deadline has passed.
Quick eligibility check
- Another party was at fault
- You have a documented injury
- Accident occurred in QLD
- Within time limits
- Seeking medical treatment
Special Circumstances: Unidentified or Unregistered Vehicles
If the at-fault vehicle cannot be identified, give notice to the Nominal Defendant within 3 months of the accident. Late notice needs a reasonable excuse; an unidentified-vehicle claim is barred if notice is not given within 9 months. Different rules apply during minority or legal incapacity. A vehicle that is identified but uninsured uses the ordinary CTP notice timing, including the earlier lawyer-consultation trigger. A driver leaving the scene does not, by itself, make the vehicle unidentified.
Common Car Accident Scenarios
Our car accident lawyers act in all types of these claims. Here are the most frequent scenarios we see in Queensland, each requiring focused knowledge and tailored legal strategies.
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Rear-End Collisions
One of the most common accident types in Queensland. Vehicles failing to maintain safe following distance and striking the car ahead at traffic lights, roundabouts, or during sudden stops. Often results in whiplash and soft tissue injuries.
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T-Bone Collisions
Side-impact crashes at intersections where a vehicle fails to yield right of way or runs a red light. These accidents often result in severe injuries due to limited side protection and the force of high-speed impacts.
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Head-On Collisions
Frontal impacts between vehicles travelling in opposite directions, often caused by driver error, wrong-way driving, or vehicles crossing into oncoming lanes. These are among the most serious and potentially fatal accident types.
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Lane Change Accidents
Drivers changing lanes without checking blind spots or failing to indicate, causing collisions with vehicles in adjacent lanes. Common on highways and multi-lane roads, particularly during peak traffic hours.
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Pedestrian Accidents
Vehicles striking pedestrians at crossings, intersections, or while reversing. Can involve failure to give way, distracted driving, or excessive speed in pedestrian zones. Often result in catastrophic injuries.
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Carpark Collisions
Low-speed accidents in shopping centre or street carparks involving reversing vehicles, vehicles exiting parking spaces, or pedestrians struck while walking. Despite lower speeds, can still cause significant injuries.
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Roundabout Accidents
Collisions at roundabouts caused by failure to give way to vehicles already in the roundabout, improper lane use, or excessive speed. Queensland has numerous roundabouts making these accidents relatively common.
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Hit-and-Run Crashes
If the at-fault vehicle is identified, pursue the appropriate CTP insurer or, if it was uninsured, assess a Nominal Defendant claim using the ordinary notice timing. If the vehicle cannot be identified after proper inquiries, the unidentified-vehicle rules apply: 3-month notice, late notice requiring a reasonable excuse, and a 9-month bar. Different rules apply during minority or legal incapacity. Get advice promptly.
What to Do Right Now
Take these critical steps immediately to protect your health and legal rights
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1
Seek Medical Attention
Get immediate medical care for all injuries, no matter how minor they seem. This creates vital documentation for your claim.
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2
Report to Police
Contact Queensland Police immediately to file an official accident report. This is crucial for your claim.
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3
Document Everything
Take photos of the scene, all vehicles, injuries, and any road hazards. Collect witness contact details.
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4
Contact Us Immediately
Call 1300 529 529 promptly so we can check your accident, symptom and first legal-consultation dates. The ordinary CTP notice can be due earlier than 9 months, and unidentified vehicles have separate rules. See the detailed time limits below.
Time is critical. Some deadlines are as short as 3 months.
Who you claim against
The at-fault vehicle’s CTP insurer is usually the starting point. If the vehicle cannot be identified, or is identified but uninsured, we assess the Nominal Defendant route and its applicable notice rules. A road defect or vehicle fault may call for a separate negligence or product claim. The facts and the relevant law determine who can be pursued.
- The other vehicle was registered Its CTP insurer We identify the CTP insurer. Give notice by the earlier ordinary deadline — see the detailed time limits below.
- The vehicle cannot be identified The Nominal Defendant The Nominal Defendant may be the respondent. The 3-month notice rule, late-notice requirements and 9-month bar need checking; children and legal incapacity have different rules.
- It was unregistered or uninsured The Nominal Defendant The Nominal Defendant may be the respondent. For an identified uninsured vehicle, use the ordinary notice timing, including the earlier lawyer-consultation trigger.
- Your injuries are catastrophic NIISQ as well Lifetime treatment, care and support through the National Injury Insurance Scheme, Queensland.
What You Can Claim for Car Accident Injuries
Queensland law allows compensation for various losses resulting from your car accident. The amount depends on the severity of your injuries and their impact on your life, our lawyers ensure every compensable head of damage is claimed.
General Damages
Compensation for pain, suffering, and loss of enjoyment of life. Queensland uses statutory scales to determine these amounts based on injury severity and permanent disability. This includes physical pain, emotional distress, and the impact on your ability to enjoy life's activities. While Queensland's general damages caps are lower than some states, our lawyers make sure every part of your entitlement is claimed within the legal framework.
Medical & Treatment Costs
All reasonable and necessary medical expenses, including hospital stays, expert consultations, ongoing treatment, rehabilitation, physiotherapy, medications, medical aids, and future treatment requirements. This covers past expenses already incurred and projected future costs based on medical expert opinions. We ensure Medicare, private health fund, and hospital reimbursements are properly accounted for.
Past Income Loss
Compensation for wages and income lost from the date of the accident up to settlement, including self-employment losses, lost overtime, bonuses, and missed opportunities. We work with employment and taxation experts to calculate your actual financial losses. This includes situations where you've used sick leave or annual leave, you're still entitled to compensation for that lost time.
Future Economic Loss
Compensation for reduced earning capacity and future income loss due to permanent injuries affecting your ability to work, career progression, and employment opportunities. Vocational experts assess your work capacity and calculate lifetime earnings impacts. Even if you continue working full-time, you may be entitled to future loss if your injuries put you at risk in the labour market compared to able-bodied applicants.
Care & Assistance
Compensation for help you've received or will need, whether paid professional care or unpaid assistance from family and friends (gratuitous care). This is often significant in serious injury cases. We carefully document care hours and tasks so they are included in your claim. Domestic assistance you receive is compensable even if you don't pay for it, detailed records are essential.
Out-of-Pocket Expenses
Reimbursement for accident-related expenses including travel to medical appointments (mileage, parking, public transport), injury-related home or vehicle modifications, replacement services, and Medicare/health fund reimbursements. Every expense matters, we help you track and claim them all. Keep all receipts and maintain detailed records from day one.
What's Covered by CTP
- Medical Treatment. Hospital, consultants, rehabilitation, medications, and future care costs
- Lost Income. Past and future loss of earnings and reduced earning capacity
- Pain & Suffering. General damages for physical pain, emotional distress, and loss of life's amenities
- Care & Assistance. Paid professional care and unpaid family assistance (gratuitous care)
How CTP works
- CTP covers you, not your car. Personal injury only: treatment, lost income, pain and suffering, and care.
- Your car is a separate claim. Repairs go through the at-fault driver’s property insurer, or your own.
- Both can run at once. You can run the injury claim and the property claim at the same time.
Queensland’s CTP insurers are Allianz, QBE and Suncorp. The Motor Accident Insurance Commission (MAIC) regulates CTP insurance in Queensland.
Your Claim Value
Every car accident claim is unique. The value depends on your specific circumstances, injuries, and their impact on your life and work.
Contact our car accident lawyers for a personalised assessment of your compensation entitlement.
For context, Queensland statutory general damages (compensation for pain, suffering and loss of amenities) are calculated using an Injury Scale Value (ISV) from 0 to 100. The most catastrophic injuries (such as quadriplegia) sit at or near the top of the scale, attracting general damages up to the maximum set under the current Civil Liability Indexation Notice, while more moderate injuries attract far less. These amounts are indexed annually. The bulk of most settlements comes from past and future income loss, care, treatment costs and out-of-pocket expenses, which is why thorough claim preparation matters.
Common Car Accident Injuries
Car accidents can result in a wide range of injuries, from minor soft tissue damage to catastrophic life-changing trauma. Our lawyers understand these injuries and ensure comprehensive compensation claims that account for both immediate and long-term impacts.
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Head & Neurological
- Traumatic Brain Injury
- Concussion
- Skull Fractures
- Cognitive Impairment
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Spinal & Neck
- Spinal Cord Injuries
- Whiplash
- Vertebrae Fractures
- Herniated Discs
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Limbs & Extremities
- Broken Arms & Legs
- Knee & Ankle Injuries
- Wrist & Hand Trauma
- Amputation
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Internal & Soft Tissue
- Internal Bleeding
- Organ Damage
- Soft Tissue Injuries
- Burns & Lacerations
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Psychological
- PTSD
- Anxiety & Depression
- Shock & Trauma
- Chronic Pain Syndrome
Why Comprehensive Medical Documentation Matters
Early medical treatment and ongoing rehabilitation are crucial for both your recovery and your compensation claim. Our lawyers can help coordinate medical care and ensure all treatment costs are included in your claim.
The more thorough your medical records, the stronger your case. We work with independent medical experts to assess:
- Current InjuriesFull extent of damage
- Treatment NeedsOngoing care required
- PrognosisLong-term outlook
- Work CapacityImpact on employment
Strict Time Limits for Car Accident Claims
Missing these deadlines can permanently bar your claim. Early contact with our car accident lawyers ensures all time limits are met and your rights are protected. Report the accident to Queensland Police immediately, this helps with insurer acceptance and claim processing.
For identified vehicles, the CTP notice deadline is the earlier of 9 months after the accident (or first symptoms if not immediately apparent) and 1 month after first consulting a lawyer about a possible claim. The 3-month rule is for unidentified vehicles. Three years is the usual court limit, with exceptions. Children, legal incapacity and late notice need individual advice. See the time-limit details below.
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1 mth
After first legal consultation
The 1-month period runs from your first consultation with a lawyer about the possibility of making a claim. It can make notice due earlier than the 9-month period; it does not give extra time. The complete ordinary notice rule is set out in the 9-month card below.
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3 mths
Nominal Defendant Claims (Unidentified Vehicle)
If the at-fault vehicle cannot be identified, give notice to the Nominal Defendant within 3 months of the accident. Late notice needs a reasonable excuse; an unidentified-vehicle claim is barred if notice is not given within 9 months. Different rules apply during minority or legal incapacity. A vehicle that is identified but uninsured uses the ordinary CTP notice timing, including the earlier lawyer-consultation trigger. A driver leaving the scene does not, by itself, make the vehicle unidentified.
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9 mths
CTP notice — earlier rules apply
For an identified vehicle, give the Notice of Accident Claim to the CTP insurer by the earlier of: 9 months after the accident (or after symptoms first appear if they were not immediately apparent); and 1 month after you first consult a lawyer about the possibility of making a claim. The same timing applies to a Nominal Defendant claim for an identified uninsured vehicle. Late notice needs a reasonable excuse. Get advice promptly rather than assuming a late claim will be accepted.
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3 yrs
Usual court limitation period
Court proceedings generally need to start within 3 years of the accident. Different rules can apply to children and people under legal incapacity, and limited statutory extensions or pre-court provisions may affect the date. Giving a claim notice is not the same as starting court proceedings. Ask us to check your dates, even if you think time has run out.
Time limits in Queensland are strict and unforgiving. Contact our car accident lawyers immediately to ensure your claim is lodged on time. Remember: Report the accident to Police as soon as possible and seek medical attention immediately.
Our Claim Process
Carter Capner Law's structured approach ensures your car accident claim is handled professionally, comprehensively, and with your best interests at the forefront.
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EXIT 1
Initial Review & Assessment
We meet with you to understand the accident circumstances, your injuries, employment status, and medical history. We’ll explain your rights, assess your claim’s viability, and review any insurance or superannuation coverage. There’s no obligation to go ahead after this consultation, and we’ll explain our No win, no fee* agreement during this meeting. Available at our Brisbane CBD, Woolloongabba or Browns Plains offices.
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EXIT 2
Prepare & Serve NOAC
We prepare and give the Notice of Accident Claim to the appropriate CTP insurer or Nominal Defendant within the applicable time limit, including any earlier legal-consultation trigger. We separately assess other possible claims and their notice requirements, and keep the court deadline under review.
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EXIT 3
Evidence Collection & Investigation
While you focus on recovery, we investigate your case thoroughly. We collect police reports, witness statements, medical records, employment documentation, and any other evidence supporting your claim. We maintain comprehensive records of all treatment, expenses, and the impact on your daily life. Scene photos, CCTV footage, and expert reconstructions may be obtained.
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EXIT 4
Medical Assessment & Stabilisation
Once your injuries have stabilised (typically 9-12 months post-accident), we arrange examinations with appropriate medical experts. These independent experts assess your injuries, prognosis, and long-term impacts. Their reports form the foundation of your compensation claim, establishing both current and future needs. The insurer will also arrange independent medical examinations.
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EXIT 5
Claim Formulation & Demand
Using all collected evidence and medical reports, we carefully formulate each component of your damages claim: general damages for pain and suffering, past and future income loss, medical expenses, care requirements, and all other compensable losses. We present a comprehensive demand to the insurer backed by authoritative evidence and detailed calculations.
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EXIT 6
Settlement Negotiation
We arrange a compulsory conference with the insurer to negotiate a fair resolution. These conferences are highly effective when backed by thorough preparation. Most claims settle at this stage without trial. If the insurer is reasonable, we’ll work to resolve your claim without court proceedings.
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EXIT 7
Court Proceedings (If Necessary)
If the claim does not settle, we file a Claim and Statement of Claim within 60 days after the conference, unless a further period is agreed or allowed. We continue to negotiate while preparing your case for trial. If necessary, we’ll present your case before a judge, calling witnesses and expert testimony to secure the compensation to which you’re entitled by law.
Throughout the entire process, we keep you informed and involved. Our goal is to help you understand what you can claim, while keeping the process as simple as we can for you.
Evidence & Documentation You Should Collect
Strong evidence significantly improves your claim outcome. Here's what you should gather and preserve to assist your car accident lawyers with the investigation.
Accident Details5 things
- Write down your recollection of the accident immediately
- Note weather and road conditions
- Record the exact location, time, and date
- Describe vehicle positions and movements
- Document traffic controls (lights, signs, markings)
Witness Information5 things
- Collect names and contact details of all witnesses
- Get statements while memories are fresh
- Include police and emergency responders
- Note any independent observers or dashcam footage
- Ask nearby businesses about CCTV cameras
Visual Evidence5 things
- Take photos of the accident scene from multiple angles
- Photograph all vehicles and damage in detail
- Document road conditions, skid marks, and signage
- Take photos of your injuries (ongoing documentation)
- Capture vehicle registration plates clearly
Medical Records5 things
- Keep all hospital and emergency records
- Document every doctor, consultant, and therapy visit
- Save all prescriptions and pharmaceutical receipts
- Track rehabilitation and treatment progress
- Note ongoing symptoms in a daily diary
Financial Documents5 things
- Collect wage slips and employment contracts
- Gather tax returns (6 years prior + ongoing)
- Document all time off work due to injuries
- Keep receipts for all accident-related expenses
- Track travel costs to medical appointments
Care & Assistance Records5 things
- Detail help from family and friends (dates, hours, tasks)
- Record professional care services and costs
- Document home modifications needed
- Note ongoing assistance requirements
- Keep diary of daily living limitations
Need Help Organising Your Evidence?
Contact us for a comprehensive evidence collection checklist tailored to car accident claims. We'll guide you through every step of documenting your case to ensure nothing is missed.
Costs
What it costs you
No win, no fee*
You don’t pay our professional fees if your claim is unsuccessful in the ordinary case.
If your claim succeeds, outlays are repaid from your settlement at cost. If your claim does not succeed, we absorb those outlays in most cases, unless you have agreed to pay them under your costs agreement.
If court proceedings start, you may have to contribute to the other party’s costs. Your written costs agreement sets out any protection we provide.
We explain this in writing before you sign, and again in detail before any proceedings are commenced.
Our fees
Our professional fees are calculated according to an agreed scale that sets out the charge for each type of work performed — not as a percentage of your settlement.
Out-of-pocket case expenses such as court filing fees, barrister fees and expert reports are charged at cost, with no loading.
Our fee structure is transparent and clearly specified in your written costs agreement.
Uplift or success fee
In some cases, an uplift or success fee applies to reflect the risk we take in conducting your claim on a no win, no fee* basis. Any uplift fee is explained and set out in your written costs agreement before you sign.
What’s included in our service
- Complete claim investigation and evidence gathering
- Court filing fees and legal documentation
- Medical expert consultations and expert reports
- Medical records collection and analysis
- Barrister representation (also on No Win No Fee* terms)
- Police reports and government agency searches
- Expert witness fees and technical reports
- All document production and administrative costs
- Courier, freight, and office charges
How we run your car accident claim
We give the required notices, gather the evidence early and run the CTP claim through to settlement or court.
The CTP claim process
We give the CTP insurer the notice of accident claim within the time limits, obtain the medical and police records, and deal with any argument about contributory negligence.
Evidence gathered early
We request CCTV, dash-cam footage, police records and medical records early, before they are lost or overwritten.
Offices and appointments
Offices at Brisbane CBD, Woolloongabba and Browns Plains, with phone, video and home or hospital appointments across Queensland.
Direct contact with your lawyer
Your lawyer runs your claim from the first call to settlement, keeps you informed and answers your questions directly.
Independent medical evidence
We obtain reports from independent medical specialists to support the claim, and can help coordinate treatment and rehabilitation.
Court if needed
Most claims resolve before trial. If yours does not, we take it to court, briefing barristers who also work on no win, no fee* terms.
Frequently Asked Questions
Get quick answers to common questions about car accident claims in Queensland. For tailored advice specific to your situation, contact our team.
First, ensure your safety and seek immediate medical attention for all injuries, no matter how minor they seem. Call Queensland Police to report the accident, this creates an official record crucial for your claim. Exchange details with other parties involved (names, contact information, insurance details, registration numbers). Take photos of the accident scene, all vehicles, damage, road conditions, and your injuries. Collect witness contact details. Do not admit fault or make statements beyond factual information. Contact Carter Capner Law promptly to check the applicable notice and court dates, including the earlier trigger after legal advice and the different rules for unidentified vehicles.
Yes, you may still claim compensation even if you share some responsibility for the accident. Queensland law recognises “contributory negligence,” where fault is distributed between parties. Your compensation will be reduced proportionally to your degree of fault. For example, if you’re found 20% at fault, your compensation will be reduced by 20%. Our lawyers carefully analyse accident circumstances to minimise any contributory negligence attribution and ensure you receive fair compensation for your injuries. Even with partial fault, you can still recover substantial compensation.
You may still be able to claim. If the vehicle can be identified, we check its CTP insurer; if it was uninsured, we assess a Nominal Defendant claim under the ordinary notice timing. If the vehicle cannot be identified, notify the Nominal Defendant within 3 months. Late notice needs a reasonable excuse and a 9-month bar applies, subject to the rules for children and legal incapacity. We also check the steps taken to identify the vehicle. Contact us promptly.
For an identified vehicle, the CTP notice is due by the earlier of 9 months after the accident (or first symptoms if not immediately apparent) and 1 month after first consulting a lawyer about a possible claim.
If the vehicle cannot be identified, notify the Nominal Defendant within 3 months. A reasonable excuse is needed for late notice and a 9-month bar applies. Identified uninsured vehicles use the ordinary CTP notice timing.
Court proceedings generally need to start within 3 years. Children, legal incapacity, late notices and limited court-period extensions need separate advice. Contact us to check the dates, even if a deadline may have passed.
The timeline varies depending on injury severity and case complexity. We typically wait 9-12 months for injuries to stabilize before obtaining medical experts reports, this ensures we capture the full extent of your injuries and their long-term impact. After that, the negotiation and settlement process usually takes several months. Most claims settle before trial. It’s important not to rush, settling too early may mean you don’t receive fair compensation for all your losses, particularly future medical costs and income loss. We’ll give you a realistic timeline based on your specific circumstances during your initial consultation.
Absolutely. Passengers injured in car accidents typically have strong claims for compensation. As a passenger, you’re rarely found to have contributed to the accident, so your compensation is less likely to be reduced for contributory negligence. You may claim against either the driver of the vehicle you were in or the other vehicle’s insurance, depending on who was at fault. In many cases, passengers have claims against multiple insurers. Contact our lawyers to discuss your specific situation, we’ll identify all potential sources of compensation and ensure you receive the maximum entitlement under Queensland law.
Car Accident Resources
Additional articles and tools to help you understand your rights and navigate the car accident claim process in Queensland.
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Claim process
The Claim Process: What should I do after a car or vehicle accident?
The steps from the roadside to a CTP claim, including the earlier notice trigger after legal advice and the different rules for unidentified vehicles.
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Checklist
8 things you must do after a car accident in Queensland
The steps after a crash, from checking for injuries and swapping details to seeing a doctor within 24 to 48 hours, even if you feel fine.
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Road & traffic accidents
Multi-vehicle highway crashes in Queensland: who is responsible for your injury?
A highway pile-up can involve several separate collisions. Understand how the impact sequence, each driver’s conduct and multiple CTP insurers affect an injury claim.
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Road & traffic accidents
Head-on highway collisions in Queensland: centre lines, medians and injury claims
Look before the final head-on impact: road features, earlier contact, vehicle departures and each injured person's position can change the claim assessment.
Need Legal Advice?
Don’t navigate your car accident claim alone. Our lawyers can help you understand your rights and the steps in your claim.