Skip to main content
No win, no fee* Carter Capner Law: Insurance Payout + TPD Claims
Quick links

Explore

Case Results Past matters we have run Calculators A few questions about what happened No Win, No Fee* Pricing & terms Resources Guides & tools Knowledgebase Guides & answers Find an office Offices & directions

Firm

About Who we are People Meet the team Careers Work with us Blog Insights & updates News Firm announcements LawSpace Client portal
Email
Road accidents  ·  Car accidents

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.

Start your case review 1300 529 529
  • No-obligation first consultation
  • No win, no fee*
  • We set out our costs in writing at the start.

Your time limits

Queensland law
  • Submit Notice of Accident Claim (NOAC) 1 mth
  • Nominal Defendant Claims (Unidentified Vehicle) 3 mths
  • Standard NOAC Deadline 9 mths
  • Absolute Limitation Period 3 yrs
When each time limit starts
Who can claim

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.

  • Car Drivers

    Injured by negligent drivers, road hazards, or defective equipment

  • Passengers

    Injured while riding as a passenger in any motor vehicle

  • Cyclists

    Struck by vehicles while cycling on roads or bike paths

  • 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 Identified. The at-fault vehicle must be identifiable and insured under Queensland's CTP scheme. If the vehicle was unregistered, uninsured, or fled the scene (hit-and-run), special procedures apply through the Nominal Defendant.
  • Time Limits Met. Strict deadlines apply under Queensland law. Your Notice of Accident Claim (NOAC) must generally be lodged whichever is earlier: within 9 months of the accident date (or of when symptoms first appear), OR within 1 month of your first consultation with a solicitor. Extensions may be possible with a reasonable excuse. For Nominal Defendant claims involving an unidentified vehicle, this shortens to 3 months. Court proceedings must commence within 3 years. Missing these deadlines can permanently bar your claim.

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 (for example, a hit-and-run where the vehicle is never traced), a claim can be made against the Nominal Defendant, but a strict 3-month time limit applies from the accident date, with late notice requiring a reasonable excuse and an absolute bar after 9 months. If the vehicle is identified but was unregistered or uninsured, a Nominal Defendant claim is still available and the standard 9-month deadline applies. Early legal advice is critical in these situations. We can guide you through the Nominal Defendant procedure.

Crash types

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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Hit-and-Run Crashes

    Accidents where the at-fault driver flees the scene without stopping or providing details. Claims proceed through the Nominal Defendant with strict 3-month notification deadlines requiring immediate legal action.

Straight after a crash

What to Do Right Now

Take these critical steps immediately to protect your health and legal rights

  1. 1

    Seek Medical Attention

    Get immediate medical care for all injuries, no matter how minor they seem. This creates vital documentation for your claim.

  2. 2

    Report to Police

    Contact Queensland Police immediately to file an official accident report. This is crucial for your claim.

  3. 3

    Document Everything

    Take photos of the scene, all vehicles, injuries, and any road hazards. Collect witness contact details.

  4. 4

    Contact Us Immediately

    Call 1300 529 529 as soon as you can. Notice of your claim is due within 9 months of the crash, or within 1 month of first meeting a lawyer about it, whichever comes first.

Time is critical. Some deadlines are as short as 3 months.

Who pays

Who you claim against

Road claims rarely have one answer. The at-fault driver’s CTP insurer is the usual starting point, but a hit-and-run goes to the Nominal Defendant, a road defect to the road authority (the council, or the Department of Transport and Main Roads for state-controlled roads), and a faulty vehicle or towbar to the manufacturer. We look at every avenue before we lodge anything.

  • The other vehicle was registered Its CTP insurer Allianz, QBE or Suncorp. Notice within 9 months, or 1 month after you first see a lawyer.
  • The driver drove off The Nominal Defendant Queensland’s default insurer for unidentified vehicles. Notice within 3 months, barred after 9.
  • It was unregistered or uninsured The Nominal Defendant The claim runs much like a CTP claim, against the Nominal Defendant instead.
  • Your injuries are catastrophic NIISQ as well Lifetime treatment, care and support through the National Injury Insurance Scheme, Queensland.
Compensation

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.

Injuries

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.

  • Head & Neurological

    • Traumatic Brain Injury
    • Concussion
    • Skull Fractures
    • Cognitive Impairment

  • Spinal & Neck

    • Spinal Cord Injuries
    • Whiplash
    • Vertebrae Fractures
    • Herniated Discs

  • Limbs & Extremities

    • Broken Arms & Legs
    • Knee & Ankle Injuries
    • Wrist & Hand Trauma
    • Amputation

  • Internal & Soft Tissue

    • Internal Bleeding
    • Organ Damage
    • Soft Tissue Injuries
    • Burns & Lacerations

  • 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
Time limits

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.

  1. 1 mth

    Submit Notice of Accident Claim (NOAC)

    Within 1 month after first consulting a lawyer (whichever occurs earlier, but not later than the 9-month rule unless reasonable excuse applies). This document initiates your claim with the CTP insurer and must include key details about the accident and your injuries.

  2. 3 mths

    Nominal Defendant Claims (Unidentified Vehicle)

    For hit-and-run or unidentified vehicles, the NOAC must be lodged within 3 months of the accident date. This can be extended to 9 months with reasonable excuse, but the claim is barred after 9 months. Police reports are essential for these claims.

  3. 9 mths

    Standard NOAC Deadline

    For identified, registered vehicles, the NOAC must be lodged within 9 months of the accident date. Extensions possible with reasonable excuse such as initial injury severity, ongoing medical treatment, or lack of awareness about entitlement. Early action is always preferable.

  4. 3 yrs

    Absolute Limitation Period

    Court proceedings must be commenced within 3 years of the accident date. This is an absolute cut-off for most claims. Different rules apply for children (limitation period extends until 21st birthday) and persons under legal incapacity. Extensions are limited, so get advice well before this deadline.

Don't Delay Your Right to Claim

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 process

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.

  1. 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.

  2. EXIT 2

    Prepare & Serve NOAC

    We prepare and submit your Notice of Accident Claim (NOAC) to the CTP insurer of the at-fault party within the required time limits. This formally initiates your claim and preserves your legal rights. We ensure all necessary details are included to strengthen your position from the outset, including comprehensive accident details and preliminary injury information.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

Your Compensation Secured

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

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*

If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.

50% Fee cap

Our professional fees are capped at 50% of the amount you recover, after refunds and outlays (Legal Profession Act 2007 (Qld) s 347).

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
Our approach

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.

FAQ

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 early: notice of your claim is due within 9 months of the crash, or within 1 month of first meeting a lawyer about it, whichever comes first.

Guides

Car Accident Resources

Additional articles and tools to help you understand your rights and navigate the car accident claim process in Queensland.

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.

1300 529 529 Start your case review