Motor Vehicle Accident Lawyers Brisbane
Supporting Queensland Motorists After a Motor Vehicle Accident
If you’ve been injured in a motor vehicle accident in Queensland and were not at fault, you may be entitled to compensation. This can apply whether you were driving a car, riding a motorbike, travelling as a passenger, or using a road as a pedestrian or cyclist.
We provide clear, practical advice to help you understand your options and decide what comes next; from initial advice and lodgement, to ensuring you secure timely and reasonable treatment, through to claim resolution. Our focus will always remain on careful case management, clear communication, and supporting your recovery.
Getting started
What is a motor accident claim?
If you were injured in a Queensland motor vehicle accident caused by another driver’s negligence, you may be entitled to compensation through the CTP (Compulsory Third Party) scheme.
In the initial stages, a CTP claim will provide access to rehabilitation and treatment for physical injuries and psychological injuries caused by car crashes, rear-end collisions, hit-and-run incidents, and accidents involving uninsured or unregistered vehicles. In the longer term, the purpose of a motor accident compensation claim is to help place you, as far as possible, in the position you would have been in had the accident not occurred.
While each claim will differ based on individual circumstances, it is important to be aware of time limits as this can differ greatly, depending on how your accident occurred.
If the at-fault driver is known (and their vehicle is insured):
You need to lodge a Notice of Accident Claim with the CTP insurer of the at-fault driver within the earlier of:
- 1 month of first consulting a lawyer about the claim, or
- 9 months from the date of the accident.
If you miss this window, the requirement to give notice continues, but you’ll need to provide a reasonable excuse for delay.
If the at-fault driver is known but uninsured:
The same lodgement timeframes apply, but your Notice is instead lodged with the Nominal Defendant (the statutory insurer in uninsured/unidentified cases).
Three-year limitation period (for known insured/uninsured drivers):
Separate to the notice requirements above, court proceedings for a damages claim must generally be commenced within three years of the accident or will become statute barred (meaning your right to recover damages will be lost).
If the at-fault driver is unknown (e.g., hit-and-run), strict requirements apply:
You must give notice to the Nominal Defendant within 3 months of the accident or 1 month after first consulting a lawyer, whichever is earlier. If you miss this window, you’ll need to provide a reasonable excuse for delay.
Critically, if notice to the Nominal Defendant is not given within 9 months of the accident, the claim will become statute barred (you lose the right to claim).
Proper Inquiry and search
When claiming against the Nominal Defendant because the vehicle/driver cannot be identified, the law presumes the vehicle is unidentifiable only if you’ve made a “proper inquiry and search” and failed to establish its identity. In practice, this means taking immediate, active steps so you can demonstrate reasonable attempts to identify the unknown vehicle; for example, reporting the crash to police and looking for witnesses (either at or by returning to the scene, posting on active local Facebook or other groups), or by obtaining CCTV from local houses or businesses, or another drivers dashcam footage. The Court has clarified you are not required to take unrealistic steps, but genuine, practical efforts (and which are documented) are still expected.
If you’re unsure which timeframes apply or how to lodge correctly, we can explain what’s required, including claims where extra steps may be needed.
Motor vehicle insurance claim process.
If you have sustained injuiries in a road accident, the most important thing to do is seek medical attention, no mater how minor your think the injuiries may be.
01
Initial consultation
Initial consultation
We take the time to understand your situation and your injuries and provide early advice about your options and timeframes. We assist with preparing and lodging the claim with the relevant insurer or Nominal Defendant and begin gathering information needed to support treatment and early funding, so your recovery can get underway.
02
Evidence gathering
Evidence gathering
As your treatment and rehabilitation progress, medical records and other relevant evidence are obtained. During this period, the insurer is required to investigate the claim and formally advise whether liability for the accident is accepted or denied. We manage this process and keep you informed as it unfolds.
03
Medical assessment
Medical assessment
Once your injuries have stabilised, meaning they are unlikely to substantially improve with further treatment, we arrange an assessment with an independent medical specialist. The insurer (or the Nominal Defendant) is also entitled to obtain its own medical assessments at this stage.
04
Negotiation, settlement, or court proceedings
Negotiation, settlement, or court proceedings
When the medical and other evidence is complete, we engage in negotiations to resolve the claim on appropriate terms. Most matters resolve at a conference held between the parties and without the need for a trial. If court proceedings are required, we guide you through each step and continue to work toward resolution through the formal processes the law provides.
05
Payment received
Payment received
Once a settlement is reached, the insurer will usually transfer the settlement funds into our trust account within approximately six to eight weeks. After funds clear, payment to you is arranged promptly and securely.
No matter the stage of your claim, we’ll keep you informed each step of the way, so you always know where your claim stands and what’s next.
Understanding your entitlements
What can a claim include?
Depending on your circumstances, a motor accident claim will typically involve receiving insurer funded treatment support, with any further losses (for example, lost wages) to be encompassed in a damages claim.
What is available will depend on the nature of your injuries, how they affect your work and daily life, and the evidence that can be obtained.
Items which are generally paid by the insurer directly for the claim duration, and when supported by evidence, include:
- Medical and treatment expenses
Reasonable costs of medical care, rehabilitation, surgery, and
ongoing treatment related to your injuries, along with travel expenses where applicable. - Care and assistance
Support for help you need at home, including paid domestic assistance
or personal care, where your injuries limit what you can do. - Home and vehicle modifications, or adaptive equipment
Funding for necessary changes to support your safety, mobility, or independence.
A damages claim can assist in seeking compensation for items not available from the insurer in real time, and also the cost of the above benefits, which are anticipated to be incurred in the future,
after the claim is resolved. Further damages might include:
- Loss of income and earning capacity
Compensation for income lost because of your injuries, as well as any reduction in your ability to earn in the future, including superannuation where applicable. - Pain and suffering
Compensation recognising the physical and psychological impact of the injuries you’ve experienced. - Care and assistance received gratuitously
If you meet the required threshold, you may be able to claim the commercial cost of care and assistance you have received from family members, friends, or neighbours
We are often asked what a claim is worth, but the truth is each claim depends on the specific circumstances of the injury and its effect on your life. Relevant factors include the nature and severity of the injury, how it impacts your ability to work and earn income, the treatment and rehabilitation you need now and into the future, any care or assistance required in daily life, along with reasonable out-of-pocket expenses. The circumstances of the accident and the available evidence also matter, particularly where fault or shared responsibility is in issue.
Why choose Richardson & Lyons
Here’s how we can help you
Obligation free consult
Speak to us with no pressure or cost. We’ll help you understand your options so you can make informed decisions about your entitlements.
No win, no fee
We act on a no win, no fee basis for eligible matters. This means you won’t pay our professional fees unless your claim is successful. We explain costs clearly from the outset, so you can make informed decisions without upfront financial pressure.
Practical legal advocacy
We help you to understand your options, make informed decisions, and progress your claim with clarity and care.
Trusted representation
We take a careful, measured approach to every matter, focusing on preparation, sound judgment, and achieving outcomes that genuinely matter to you.
Frequently asked questions
What first steps should I take after an accident?
If you have sustained injuries in a motor accident, the most important thing to do is seek medical attention, no matter how minor you initially think the injuries may be.
Make sure you obtain the details of the driver at fault and any witnesses at the scene.
If the driver has fled the scene of the accident, write down anything you can remember about the vehicle (for example: colour, make, model, shape, any of the letters or numbers on the number plate). You can do this quickly and easily in the notes app of your mobile phone when it is safe to do so.
If police did not attend the accident scene, you should report the accident to the police and obtain a report number (usually called a QP reference). The report to the police is an essential part of the claims process and will protect your legal rights and entitlements. If you haven’t reported the accident to police, we can help with this.
How long do I have to make a claim?
In Queensland, there is generally a three-year time limit from the date of the accident to start court proceedings. However, important notice and lodgement steps must be taken much earlier, and the timeframes can be shorter depending on the circumstances of the accident. Getting advice early can help you understand which deadlines apply to you and ensure your position is protected.
What if I don't know who caused the accident or the driver was uninsured?
You may still be able to make a claim even if the at-fault driver is uninsured, unregistered, or cannot be identified, such as in a hit-and-run or where false number plates are involved. In those situations, claims are generally made through the Nominal Defendant, which operates as the insurer of last resort. Much shorter timeframes apply to these claims, so getting advice early can help clarify what steps are required and when.
What if I was partly at fault?
You may still be able to claim compensation. In Queensland, being partly at fault does not automatically prevent a claim. If responsibility is shared, any compensation may be reduced to reflect your level of fault. Each case is different. Getting clear advice early can help you understand where you stand and what you may still be entitled to.
The insurer says I can represent myself, should I?
You can represent yourself, and insurers are required to tell you that. But it’s important to understand the benefits and risks of this, and what is right for your circumstances.
Recent data published by the Motor Accident Insurance Commission (MAIC) and its actuaries shows that, on average, legally represented claimants receive significantly higher compensation than those who self-represent, often seven to eight times more for comparable injuries. The same data shows that self-represented claimants receive substantially less funding for treatment and rehabilitation, which can directly affect recovery outcomes
That doesn’t mean legal representation is right for everyone. Our role is to give you clear, upfront advice about whether legal assistance is likely to improve your outcome and to tell you honestly when the cost of representation would outweigh the benefit to you.
How long will my claim take?
Most motor vehicle accident claims are resolved within 14 to 24 months. The timeframe depends on the seriousness of your injuries, how your recovery progresses, and whether the insurer accepts responsibility. Claims can take longer where injuries are complex or an insurer takes a narrow view of liability. We focus on progressing your claim efficiently, and without rushing a settlement before your full losses are clear.
How much compensation will I receive?
There is no fixed amount for a personal injury claim in Queensland. Compensation depends on the severity of your injuries, your financial losses, and how the injury has affected your daily life, work, and future. We work with medical and financial experts and where appropriate, those who know you best, to ensure your claim accurately reflects your complete and ongoing losses.
Can I settle my claim without going to court?
Yes. Most claims resolve through negotiation or mediation, without the need for a court hearing.
In some cases, however, a trial may be the right option. We are always upfront about the risks, costs, and benefits of going to court and we will tell you if the cost of litigation is likely to outweigh the benefit to you. Our focus is on achieving the best outcome for you, not pursuing a trial unless it genuinely serves your interests.
How much will it cost me?
We act on a No Win, No Fee basis meaning you only pay our legal fees if your common law claim succeeds, and we provide a clear costs agreement upfront.
Queensland also has important consumer protections around legal fees. The “50/50 rule” places a cap on professional fees in personal injury matters. This is a safeguard, not a default fee or pricing model. If it doesn’t apply, a lawyer cannot simply recover “half” of your compensation; the legal fees must reflect the work performed.
Our point of difference is how we apply this in practice. We charge fair, proportionate fees and our approach helps keep overall costs down, which is why the 50/50 rule rarely comes into play.
Additionally, for motor vehicle accident claims, the law also includes regulated cost thresholds that may allow a contribution to your legal costs from the insurer.
By way of example only, for injuries occurring between 1 July 2025 and 30 June 2026, no legal costs are recoverable below $58,090.00 in damages. Capped regulation costs may apply between damages of $58,090.00 and $96,870.00. If damages are paid above the threshold (over $96,781.00 in this example), standard costs may be paid by the insurer. It is important to note that these limits are indexed and depend on both the date of injury and the outcome of the claim.
Speak with our team today.
If you need guidance on your next step, get in touch. We’ll listen carefully, explain your options, and provide considered advice without pressure.
