Who pays after a crash in Queensland
Road injury claims in Queensland go through Queensland CTP under the Motor Accident Insurance Act 1994, regulated by the Motor Accident Insurance Commission (MAIC). It is fault-based: you claim against the at-fault vehicle’s CTP insurer, or the Nominal Defendant for unidentified or uninsured vehicles.
What to do and when
Obtain a police report, then serve a Notice of Accident Claim on the CTP insurer within 9 months of the crash or 1 month after first seeing a lawyer, whichever is earlier (3 months for a Nominal Defendant claim). Court proceedings must start within 3 years. Most claims settle at a compulsory conference before court.
What you can claim
General damages are fixed by the Injury Scale Value (ISV): each injury is scored 0 to 100 against the Civil Liability Regulation table and converted to a dollar figure, with no threshold but tightly prescribed amounts. Economic loss and care are assessed separately.
Beyond that, claims cover past and future loss of income, medical and rehabilitation costs, care, travel and equipment. Catastrophic crash injuries are covered by the National Injury Insurance Scheme Queensland (NIISQ) regardless of fault.
Passengers, pedestrians, cyclists and motorcyclists
You do not need to have been driving, or to hold insurance yourself, to claim. Passengers, pedestrians and riders injured by a negligent driver claim against that driver’s policy, and schemes that pay no-fault benefits cover them too.
If the driver was unregistered or drove off
Every state has a nominal defendant or equivalent that stands in for an unidentified or uninsured vehicle. These claims have shorter notice periods, so report the crash to police straight away and get advice early.
What you can claim
- Medical, hospital, ambulance and rehabilitation costs, past and future
- Lost wages and lost future earning capacity, including superannuation
- Pain, suffering and loss of enjoyment of life, where the state threshold is met
- Care provided by family or paid carers, and domestic help
- Travel to treatment, equipment, and home or vehicle modifications
Evidence to keep
Claims are won on what can be proved. Keep:
- Police report number and the other driver’s details
- Photos of the scene, vehicles and your injuries
- Dashcam and CCTV, which is often overwritten within weeks
- Names of witnesses
- Every medical visit from day one, including GP notes
- Pay slips and a record of days missed
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Brisbane who handles car accident matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I have to report the crash?
Yes. A police report is a practical requirement for every CTP claim, and in most states a legal one where anyone is injured. Report it the same day if you can.
Can I claim if I was a passenger?
Yes. Passengers claim against the at-fault driver’s policy, including where the driver of the car they were in was the one at fault.
What if I was partly at fault?
In fault-based states your damages are reduced in proportion to your share of the blame, but not lost. No-fault schemes pay statutory benefits regardless.
What if the other driver was uninsured or drove off?
Every state has a nominal defendant or equivalent that stands in for unidentified or unregistered vehicles. Notice periods for these claims are shorter.
How long do I have in Queensland?
Obtain a police report, then serve a Notice of Accident Claim on the CTP insurer within 9 months of the crash or 1 month after first seeing a lawyer, whichever is earlier (3 months for a Nominal Defendant claim). Court proceedings must start within 3 years. Most claims settle at a compulsory conference before court.
What is my claim worth?
General damages are fixed by the Injury Scale Value (ISV): each injury is scored 0 to 100 against the Civil Liability Regulation table and converted to a dollar figure, with no threshold but tightly prescribed amounts. Economic loss and care are assessed separately.
In more detail
Full guide to car accident claims in Queensland
We’ve streamlined the Queensland MVA process making it easier than ever claim. Our car accident lawyers working out of Brisbane handle all types of road accident injury claims.
Please note: You are viewing content for Queensland. If your MVA took place in NSW, WA, ACT or VIC, you may not have the same rights.
Brisbane and QLD car accident lawyers
If you’ve been involved in a road accident that wasn’t your fault you may be eligible to make an MVA claim. An MVA claim is a legal process used to recover financial compensation for anyone who has suffered injury or harm in a road accident. Our car accident lawyers acting in Brisbane and Queensland specialise in all types of MVA claims and can represent you as a driver, passenger, or pedestrian.
- Car accidents
- Motorcycle accidents
- Passenger accidents
- Bicycle accidents
- Pedestrian accidents
- Soft tissue injuries
- Crashes on the way to work
Please don’t worry if the accident which caused your injured is missing from the list above as we can still probably help.
What if I was hit by an uninsured driver?
If the accident which caused your injuries were the result of a negligent driver of an uninsured vehicle then please don’t worry as we might still be able to help. Our car accident lawyers can claim against what’s called a “Nominal Defendant”. This is a fund set up to act as the CTP insurer to ensure that victims injury victims can still access financial compensation when the vehicle cannot be identified or is unregistered.
Even if the motorist failed to stop and you were unable to obtain the registration number of the vehicle we can still help.
Expert advice and support is just one free phone call away.
What can you claim for?
When negotiating your compensation, some of the things your lawyer will consider include, but are not limited to:
- The severity of your injuries
- Amount of pain and suffering
- Past and future lost earnings
- Medical treatment, expenses and care
- Out of pocket expenses such as travel costs and prescription medication
You may also be entitled to a no-fault, no charge accident replacement vehicle while yours is getting fixed.
Alternatively, try our online claims calculator to get an idea of how much compensation you could be owed.
What will it cost to make QLD MVA claim?
100% of the road traffic accident claims we handle in Queensland are dealt with via a CFA.
However, to be eligible, your lawyer must be able to able to demonstrate that:
- You have been injured or harmed
- Suffered financial losses
- You weren’t at fault for the accident (or not entirely at fault)
Strict time limits also apply to QLD MVA claims so it’s important to act fast.
Who pays my compensation?
The person or organisation responsible for your road accident will be held accountable for your damages. In Queensland, all drivers must be covered by a minimum of third-party insurance (CTP) so in most cases, it’s the at fault parties insurance company who pays your compensation.
In Queensland, the Motor Accident Insurance Commission (MAIC) is the regulatory authority responsible for the Compulsory Third Party (CTP) scheme but they do not provide the insurance.
As of 2018, there are 4 providers of CTP in QLD, which include:
- AAI Limited (trading as Suncorp)
- Allianz Australia Insurance Limited
- RACQ Insurance Limited (trading as RACQ Insurance)
- QBE Insurance (Australia) Limited
- Nominal defendant
The nominal defendant is a statutory body established under the Motor Accident Insurance Act 1994 for the purpose of compensating people who have been injured as a result of an uninsured or non-identifiable driver.
How to start your claim
The best way to start your claim for motor vehicle accident compensation is to call us on 1800 106 107. However, if you don’t feel comfortable speaking to someone just yet, you can also start your claim online.
If you do call us, please rest assured that all calls are confidential, and we will never pressure you into starting proceedings with us.
Why Millner and Knight?
Our advice is free and impartial, and you don’t need to worry about choosing a bad solicitor. Our panel of experienced car accident lawyers in Brisbane and Queensland are chosen based on their experience and success. You can also be sure that they have the local experience necessary to ensure you get properly compensated.