How to claim compensation After a Car accident in queensland?

If you have been injured in a car accident in Queensland, you may be entitled to make a compensation claim.  We are experienced Queensland no win no fee car accident compensation lawyers and we have put together this page to help you understand what you are entitled to and what are the steps in making a claim. Our main office is in Springfield Lakes and we service the areas of greater Springfield, Ipswich and the whole of South East Queensland. 


do you have a car accident claim?

If you were involved in a car accident and suffered injuries, you could well be entitled compensation. Even if you are without insurance and not at fault.


To get compensation, it must be established that the accident was someone else’s fault. Sometimes this is called a third party injury claim. For example:


  • you suffer injury in a collision where the other driver fails to give way
  • you are a pedestrian hit by a car
  • accident involving a cyclist hit by a driver who fails to keep a safe distance
  • you are passenger in a car, driven by a family member and you suffer injuries (further on this here)
  • you are a passenger in a taxi or Uber

It’s important to understand that you can get compensation even if the accident was partially your fault – this is called contributory negligence.


What can you claim?

In Queensland, there are several “heads of damage” which you can claim as compensation after a car accident.


#1 Pain and Suffering


You can get compensation for your pain and suffering (which is also often referred to as general damages).  How much you get for this depends on the nature and severity of the injuries (see for example knee injuriesback injury or whiplash injuries), but there are some important things to keep in mind:


  • the amount you get is determined by a formula set in a piece of legislation called the Civil Liability Regulations. Once we have medical evidence about the severity of your injuries, we can work out your entitlement
  • often our clients suffer multiple injuries. Under the legislation it’s possible to increase the amount you get for multiple injuries, but this is not automatic. This is where your lawyer’s advocacy comes into play.


#2 Past and Future Medical Bills


You will be compensated for all medical bills (including GP visits, surgery costs, rehabilitation, physio etc). This applies to costs which you have already incurred as well as future bills. (Your future bills will be estimated based on the evidence).


#3 Wages and Income from Business or Self-Employment


Often, our clients are not able to return to work for a period of time, or at all. And in many cases, even after returning to work, our clients struggle with full or normal duties. So they have to work reduced hours, reduced workload or a combination of both.


You can recover all income lost after the accident. This is called past economic loss.


You can also recover any income which you may lose in the future. You do not have to prove that you will definitely lose income in the future. It’s sufficient to prove that there is a risk of future income loss. This is called future economic loss.


Oszkar Denes, our principal solicitor, is an experienced car accident lawyer and he will be able to guide you through the process of obtaining all evidence necessary to prove your economic loss claim.


#4 Superannuation entitlements


You are also able to recover super contributions that you have lost or might lose in the future as a result of your injuries.


#5 Care provided to you by family and friends


If family and friends care for you after the accident, then you are able to recover the commercial value of the time they spent with you. This is an often misunderstood area because even though your family/friends are providing care, you are the one who receives compensation for it.


There are some restrictions and thresholds which must be satisfied before you can claim for this head of damage, also known as gratuitous care, and we’ll be happy to explain this to you further.


#6 Out of pocket expenses


You are also able to recover travel expenses, parking costs and other incidental expenses incurred as a result of your accident.


How long after a car accident can you claim in queensland? 

There are several car insurance claim time limits in QLD that you need to be aware of. 


#1:  9 Months after Queensland Car accident


The first time limit for a car accident claim is that a Notice of Accident Claim form must be given to the insurer of the at fault driver, within 9 months after the accident. 


However, if you consult a lawyer about making a claim, then the time limit is reduced to 1 month within the consultation. 


It is possible to extend these time limits. However, you must provide a reasonable excuse for the delay. We strongly recommend that you seek advice from our experienced Queensland car accident claim lawyer if you have missed these deadlines in order to fully protect your interests. 


#2:  3 years after Queensland Car Accident 


The absolute time limit to make a car accident compensation claim in Queensland is 3 years after the accident. This time period cannot be extended. There are, however, certain exceptions but these apply in very limited circumstances. For example, the time limit to make a claim may be extended when a minor is involved, or if the claimant had no full mental capacity, or in some limited circumstances where the nature or severity of the injuries does not immediately become apparent. 


Average Car accident compensation payout in Queensland

In Queensland, the average car accident compensation payout is as follows, depending on the severity of injuries:


  • Minor injuries: $62,800
  • Moderate injuries: $146,400
  • Serious injuries: $357,600
  • Severe injuries: $928,500
  • Critical injuries: $2,378,000

Keep in mind, these are average figures. The compensation payout in each case depends on the effect which the injuries have on the particular claimant in question.

For example, injured persons who are unable  to return to work after an accident, either temporarily or permanently, are entitled to higher compensation than those who returned to work without problems.


Compensation payment by cTP insurance 

If your claim is successful compensation payment will be made by the at fault driver’s CTP insurer. In Queensland, every car must have CTP insurance, the cost of which is paid as part of the registration. When an accident happens, the at fault driver’s CTP insurance will provide the funds for the compensation payment.


Car accident on your way to or from Work 

If you have been involved in a car accident on your way to work or on your way from work, then in addition to making a Queensland car accident claim, you can also claim workers compensation benefits. This is called a journey claim. We have written an article about this which you can read here. 

Free book offer: what to expect in your injury claim

Many firms try to rush you to sign up with them without carefully considering your options. We encourage you to first learn about your personal injury claim. You should ask yourself:

  • How do you calculate your compensation amount?
  • How should you choose your lawyer? Do you just choose by firm name regardless of who is really in charge of your matter? Has your lawyer ever argued a case in court?
  • What is a no win – no fee agreement? How much will it cost? 

Our book is available to you free of charge. You don’t have to be a client to receive this book. Head to the order page and we will be happy to send you a copy straight away.

Oszkar Denes Seven Deadly Sins that can wreck your personal injury claim