Motorcycle Accident Lawyers Brisbane & QLD
We act for motorcyclists, pillion passengers and families of riders fatally injured on Queensland roads. We act in CTP claims and contributory negligence disputes, including where a rider is unfairly blamed.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
Your time limits
Queensland law- Standard CTP NOAC Deadline 9 mths
- Nominal Defendant Claim (Unidentified Vehicle) 3 mths
- Insurer Compliant Response Window 6 mths
- Absolute Limitation Period 3 yrs
Who Can Claim Motorcycle Accident Compensation?
We act for every category of person injured in a motorcycle crash on Queensland roads, with a strong focus on riders themselves and the catastrophic injuries they so often sustain.
Why Motorcycle Claims Are Different
Riding a motorcycle isn’t a contributory factor in itself, but the law and insurers don’t always treat riders fairly. Here are the issues that matter most for your claim.
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Injured motorcycle riders
Solo crashes caused by another driver, lane-change/SMIDSY collisions, rear-enders at lights and intersection turn-across-path incidents. Our priority audience, we know how vulnerable bias can affect your claim and we push back hard.
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Pillion passengers
Almost always blameless, pillions are entitled to claim against the at-fault driver, even when the at-fault driver is the rider you were travelling with. We make those difficult conversations easier to navigate.
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Other road users hit by a motorcycle
Drivers, cyclists or pedestrians injured by a rider’s negligence. Less common but equally important, your CTP claim runs against the rider’s insurer.
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Families of fatally injured riders
Dependency claims, funeral expenses and Loss of Consortium for spouses and children. Compassionate, careful guidance through the most difficult time.
Am I Eligible to Claim?
If you can answer yes to these five questions, you are likely entitled to compensation under Queensland’s CTP scheme. Even if you're unsure, call us. There's no obligation after the first conversation.
Core Requirements for Motorcycle Accident Claims
- Negligence or Fault. Another road user (driver, rider, or vehicle owner) must be at least partly at fault for the crash. CTP claims are fault-based, but partial fault doesn’t bar your claim, it can reduce it on a contributory-negligence basis.
- Documented Injury. You must have sustained a compensable injury supported by medical evidence, hospital records, GP notes, imaging, treating-specialist reports. Even soft-tissue and psychological injuries qualify when properly documented.
- Identifiable Vehicle (or Nominal Defendant). The at-fault vehicle must be identifiable. If it was unregistered, unidentified or fled the scene (hit-and-run), the Nominal Defendant scheme applies on a strict 3-month notice deadline.
- Time Limits Met. A Notice of Accident Claim must be served within 9 months of the crash (or 1 month of consulting a lawyer, whichever is sooner). Court proceedings must be commenced within 3 years.
Quick eligibility check
- Your crash happened in Queensland
- Another driver or road user was wholly or partially at fault
- The at-fault vehicle is identified, identifiable, or unregistered/unidentified (Nominal Defendant pathway)
- You suffered a compensable injury (physical and/or psychological)
- You can lodge a Notice of Accident Claim within 9 months (3 months for Nominal Defendant)
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 notice deadline 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.
Common Motorcycle Accident Scenarios
Our motorcycle 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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SMIDSY, turn across path
“Sorry mate, I didn’t see you.” A driver turns right or pulls out across the rider’s path. The most common cause of urban motorcycle injury, and almost always the driver’s fault.
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Rear-ended at lights
Stopped at traffic lights or in slowing traffic when a following driver fails to stop. Whiplash, soft-tissue injuries and bike write-offs are common.
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Side-swipe / lane change
A driver changes lanes without checking blind spots. Even at moderate speed the consequences for the rider are severe.
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Dooring
A parked-vehicle occupant opens a door into the rider’s path. Liability rests with the person who opened the door under Qld road rules.
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Diesel, oil or gravel on the road
Loss of traction caused by spilt fluids or loose surface material. Council, contractor or third-party road-user liability may be in play, evidence preservation is critical.
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Pothole or unmarked road defect
Public-authority claims against the relevant council or TMR, governed by the Civil Liability Act 2003 (Qld). Strict notice requirements apply.
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Lane-filtering collision
Lane filtering is legal in Queensland at ≤30 km/h for fully-licensed riders. A filtering crash within those rules is still claimable; we defend against unfair contributory-negligence reductions.
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Hit-and-run or unidentified vehicle
If the at-fault vehicle leaves the scene or is unregistered, the Nominal Defendant pathway applies, with a tighter 3-month notice deadline. Move fast.
What to Do Right Now
MOVE QUICKLY
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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 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. Strict time limits apply to road accident claims, and some steps must be taken within a few months of the accident. Contact us early so we can check the time limits that apply to you.
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.
What You Can Claim for Motorcycle Accident Injuries
Compensation under Queensland CTP is broken into recognised “heads of damage”. We claim every head you’re entitled to, nothing more, nothing less.
General damages (pain & suffering)
Calculated against the Injury Scale Value (ISV) framework, taking into account the severity, permanency and impact of your injuries on quality of life.
Past & future income loss
Wages and salary already lost, plus future earning capacity and superannuation entitlements. Critical for riders forced out of trade or physical work.
Medical, rehab & future treatment
Past out-of-pocket costs and projected lifetime care, surgery, physio, OT, prosthetics, mental health support and home modifications.
Care & assistance (paid & gratuitous)
Domestic help, personal care and transport, from family, friends or paid carers, are compensable, often even where no money has changed hands.
Future care for catastrophic injury
For spinal cord injuries and severe TBI, lifetime attendant care, equipment and home modifications can be the largest component of the claim.
Loss of consortium (fatalities)
For families of riders killed on the road, dependency, funeral expenses and the loss of the relationship suffered by spouses and children.
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 motorcycle accident claim is unique. The value depends on your specific circumstances, injuries, and their impact on your life and work.
Contact our motorcycle accident lawyers for a personalised assessment of your compensation entitlement.
Common Motorcycle Accident Injuries
Motorcycle injuries skew towards the catastrophic. Riders are 30 times more likely to die in a crash than car occupants per kilometre travelled, and serious-injury rates are similarly elevated. Here are the injury categories we deal with most often.
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Spinal cord injuries
- Paraplegia and tetraplegia
- Cauda equina syndrome
- Vertebral fractures and nerve damage
- Lifelong rehabilitation needs
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Traumatic brain injury (TBI)
- Concussion and post-concussion syndrome
- Diffuse axonal injury and contusion
- Subdural and subarachnoid haemorrhage
- Cognitive and personality changes
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Orthopaedic & limb injuries
- Open and compound fractures
- Tibia, fibula, femur and pelvis
- Wrist scaphoid and forearm injuries
- Degloving and crush injuries
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Road rash & burns
- Full-thickness abrasions and grafts
- Infection and sepsis risk
- Permanent scarring and disfigurement
- Exhaust thermal burns
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Psychological injury
- Post-traumatic stress disorder (PTSD)
- Riding phobia and avoidance
- Depression, anxiety and adjustment disorder
- Complex trauma and family impact
Beyond the four pillars above, we also work with witness statements (especially from other riders), bike inspection and scan-tool data, repair quotes, employer letters confirming work duties, superannuation TPD records, and your social-media history where relevant.
The earlier evidence is captured, the stronger your claim becomes, and the harder it is for insurers to discount it.
- Police QPS reportGet the police incident number at the scene. The QPS report is foundational: officers’ observations, road conditions, breath-test results and any contributing-factor opinions all feed into liability arguments.
- Helmet & PPE preservationDon’t throw away your helmet, gloves, jacket or boots. Impact marks show direction of force and rebut allegations you weren’t wearing PPE. Photograph everything before storage.
- Dashcam, GoPro & traffic camerasHelmet-cam, GoPro and bike-mounted cameras are powerful liability evidence. Request traffic-camera and CCTV footage from nearby premises early, most are overwritten within 30 days.
- Medical records & imagingAmbulance, ED, hospital and GP notes; x-ray, CT and MRI imaging; and ongoing rehab records. Continuous documentation is critical to causation and quantum.
Strict Time Limits for Motorcycle Accident Claims
Missing these deadlines can permanently bar your claim. Early contact with our motorcycle 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.
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9 mths
Standard CTP NOAC Deadline
Lodge a Notice of Accident Claim Form with the at-fault vehicle’s CTP insurer within 9 months of the accident or first symptom of injury, whichever is later. Reasonable-excuse extensions are possible but never to be relied upon.
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3 mths
Nominal Defendant Claim (Unidentified Vehicle)
Where the at-fault vehicle is unregistered, unidentified or fled the scene, the Notice must be served on the Nominal Defendant within 3 months. Strict and rarely extended.
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6 mths
Insurer Compliant Response Window
Once the Notice is served, the insurer has 6 months to admit or deny liability. We use this period to consolidate evidence and run early settlement discussions where appropriate.
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3 yrs
Absolute Limitation Period
Court proceedings must be commenced within 3 years of the accident date. Most claims settle before this point, but the deadline is absolute.
Time limits in Queensland are strict and unforgiving. Contact our motorcycle 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
Seven stages, designed to cover what you can claim while keeping you informed at every step.
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EXIT 1
Initial review & assessment
30-minute initial consultation. We take a detailed history, review police, medical and witness material, and give you a frank assessment of liability, quantum and likely deadlines.
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EXIT 2
Prepare & serve NOAC
Notice of Accident Claim Form prepared and served on the correct CTP insurer (or Nominal Defendant) within the 9-month or 3-month window. We also lodge any parallel WorkCover/TPD claims.
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EXIT 3
Evidence collection
GoPro/helmet-cam, dashcam, traffic-camera footage, police QPS report, ambulance records, witness statements (especially other riders), bike scan-tool data, scene photos and PPE preservation.
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EXIT 4
Medical assessment & stabilisation
Specialist medical-legal reports timed to coincide with maximum medical improvement. We coordinate orthopaedics, neurology, neuropsychology, psychiatry and pain medicine as required.
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EXIT 5
Claim formulation & demand
Comprehensive Statement of Loss & Damage, with quantum calculated across every head of damage. Demand letter served with supporting medico-legal and economic loss evidence.
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EXIT 6
Compulsory conference & settlement
Statutory compulsory conference with mandatory final offers. Most motorcycle claims settle at this stage.
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EXIT 7
Court proceedings (if necessary)
If the insurer refuses a fair offer, we issue proceedings in the District or Supreme Court. If your claim doesn’t settle, we can take it to court.
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
Insurers fight motorcycle claims hard on contributory negligence. The right evidence, captured early, is the difference between a fair outcome and a heavily discounted settlement.
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 motorcycle accident claims. We'll guide you through every step of documenting your case to ensure nothing is missed.
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
How we run your motorcycle accident claim
We give the required notices, gather the evidence early and deal with any argument that the rider contributed to the accident.
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
Plain answers to the questions we hear most often from injured riders, pillion passengers and bereaved families.
Yes. Since 2015, fully-licensed riders can lane filter at speeds up to 30 km/h between rows of stationary or slow-moving vehicles, provided it is safe to do so. A crash that occurs while filtering within those rules does not bar your claim. If you were filtering above the speed limit or in a prohibited zone (school zones, near children, beside parked cars in some areas), an insurer may argue contributory negligence, but rarely successfully if the other driver’s breach was the substantial cause.
No. “Sorry mate, I didn’t see you” is a description, not a defence. Drivers must look properly before turning or changing lanes, and failing to see a visible motorcyclist is itself negligence. SMIDSY collisions almost always succeed against the at-fault driver’s CTP insurer.
Hi-vis is not generally required for fully-licensed motorcyclists in Queensland, although new protective-gear rules require learner riders to wear an approved hi-vis vest or jacket from 1 July 2026. Insurers sometimes raise it as a contributory-negligence argument, particularly in low-light or bad-weather crashes, but it rarely results in a meaningful reduction. We push back hard against unfair attempts to discount your claim on this basis.
Yes, through the Nominal Defendant scheme. Where the at-fault vehicle is unidentified, unregistered or uninsured, you can claim against the Nominal Defendant administered by MAIC. The deadline is much tighter though: you must serve the Notice within 3 months of the accident, so call us as soon as possible.
Yes. A pillion passenger is treated like any other injured road user. If the rider you were on was wholly or partly at fault, your claim runs against their CTP insurer, and pillions are almost always blameless, so claims are typically straightforward on liability.
Yes, you can run a CTP claim and a WorkCover claim in parallel. WorkCover usually pays your weekly benefits and medical costs while the CTP claim is on foot, then is repaid from your CTP settlement. We coordinate both claims so you get the best of each scheme.
Motorcycle Accident Resources
Knowledgebase articles relevant to motorcycle and road injury claims 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, and when the notice of accident claim is due: 9 months, or 1 month after first seeing a lawyer if that is earlier.
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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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Evidence
Dash Cam Evidence in QLD Car Accident Claims: Legal Validity
When dash cam footage is admissible in a Queensland claim, how to keep it unaltered, and when it can count against you.
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Nominal Defendant
The Claim Process: Unidentified and Unregistered Vehicles
Claiming against the Nominal Defendant when the vehicle can’t be found or wasn’t registered, the steps to identify it, and the 3-month and 9-month deadlines.
Need Legal Advice?
Don’t navigate your motorcycle accident claim alone. Our motorcycle injury lawyers offer a no-obligation first consultation. We act for riders, pillions and families of fatally injured riders across Queensland on a No Win No Fee* basis.
Call 1300 529 529 for confidential advice, or arrange a no-obligation first consultation at our Brisbane office or by phone, video or home visit anywhere in Queensland.