Car accidents can result in injuries, financial loss, and legal complications. Understanding your rights and the claims process can help you secure fair compensation.

Queensland law provides clear guidelines for lodging a car accident injury claim in Queensland. Compensation may cover medical expenses, lost income, rehabilitation costs, and other damages. However, dealing with insurers and legal requirements can be complex.

What to Do After a Car Accident in Queensland

Taking the right steps after an accident can protect your legal rights and strengthen your claim.

1. Check for Injuries and Ensure Safety

  • Assess yourself and passengers for injuries.
  • Call 000 for emergency assistance if required.
  • Move vehicles out of traffic if safe to do so.

2. Report the Accident

A police report is necessary if:

  • Someone is injured or killed.
  • Property damage exceeds $3,000.
  • Vehicles are blocking traffic and cannot be moved.
  • A driver fails to stop or exchange details.

As it may not be immediately obvious whether an injury has been sustained by anyone involved, it is highly recommended to err on the side of caution and report the accident to the police from the accident scene and have them attend. 

Further, as a police report number is required as a precondition to any car accident personal injuries claim, it makes sense to report the accident to the police at the time it occurs. 

Finally, the police’s impression of who was at fault for the accident (and is accordingly recorded as Unit 1 in the police report form) is very persuasive in the determination of responsibility/ liability for your accident. It is accordingly very important that the police attend to view the scene of the accident, the physical signs (skidmarks, location of damage to the vehicles etc) and to take statements from all present witnesses before they disappear, become hard to locate and contact or cease to be cooperative.

If the police do not attend the scene, you can report the accident online through the Queensland Police reporting system.

3. Exchange Details with Other Drivers

Queensland law requires drivers to exchange:

  • Full name and contact details
  • Driver’s licence number
  • Vehicle registration number
  • Make and model of vehicles involved
  • Insurance details (if applicable)

If you can take a photograph of the other driver’s licence, vehicle registration/ number plate on the other car/s and photographs of the points of impact on all involved cars this can assist (as some drivers provide false details and occasionally number plates are affixed to incorrect vehicles).

4. Gather Evidence

Evidence strengthens your claim. If possible at the time of the accident or as soon as possible afterwards:

  • Take photos of the accident scene, vehicle damage, and road conditions.
  • Collect witness contact details (and confirm phone and email details by exchange of sms messages).
  • Record the time, date, location, and weather conditions.
  • Note locations of nearby CCTV cameras and approach the owners for access to any relevant footage before it is lost, overwritten or wiped.
  • Keep a copy of all vehicle repair receipts and any associated property damage claim records (as the amount of damage suffered by the vehicles can be persuasive in establishing the severity of the impact).

5. Seek Medical Attention

Some injuries, such as whiplash or internal damage, may not be immediately apparent. A medical report provides crucial evidence for your claim. Indeed, a car accident personal injuries claim must be accompanied by a medical certificate in the prescribed form evidencing the injuries claimed to have been suffered in the accident (and some doctors are resistant to providing such a medical certificate if they are not consulted shortly after the accident). 

If your doctor recommends that you receive further treatment for your injuries, such as physiotherapy, you should follow your medical advice to the extent you are able/ can afford to do so. If you lodge your claim at an early date, and if the insurer of the at fault vehicle accepts liability, then the insurer is obliged to consider funding ongoing treatment for you. 

6. Notify Your Comprehensive/ Property Damage Insurance Provider

  • Report the accident as soon as possible.
  • Avoid admitting fault or discussing liability.
  • If pressed on answering questions about fault or liability, seek legal advice on how to respond.

7. Seek Legal Advice

If you have suffered injuries or financial loss, legal guidance can help maximise your compensation and ensure compliance with Queensland’s claims process.

Understanding Car Accident Injury Claims in Queensland

Queensland’s Compulsory Third Party (CTP) insurance scheme provides compensation for injuries caused by another driver’s negligence. Understanding eligibility and claim entitlements ensures you take the right steps.

Who Can Make a Claim?

You may be eligible to claim if you were:

  • A driver injured due to another driver’s fault
  • A passenger injured in a car accident
  • A pedestrian, cyclist or e-scooter rider hit by a vehicle due to its driver’s fault
  • A motorcyclist injured in an accident due to another driver’s fault
  • A family member making a claim for someone fatally injured due to another’s fault

If you were at fault, you generally cannot make a claim. However, some insurance policies or government schemes may provide benefits.

Types of Available Compensation from a Car Accident

A car accident injury claim in Queensland may include claims for:

  • Medical expenses: Hospitalisation, surgeries, rehabilitation, and ongoing treatment
  • Lost income: Compensation for time off work and reduced earning capacity for the future
  • Pain and suffering: Compensation for physical and psychological distress
  • Care and support: Home assistance, therapy, and mobility aid from the date of accident and for the future

The amount depends on injury severity, financial impact, supporting evidence and legislative restrictions.

How Much Do You Get Paid for a Car Accident Personal Injuries Claim?

The compensation amount varies based on several factors, including:

  • The severity of injuries and required medical treatment
  • Duration of time off work and the long-term impact on earning capacity
  • Level of pain and suffering endured
  • Costs of ongoing care and rehabilitation

Each case is assessed individually, and legal representation can help ensure you receive a fair compensation result.

Time Limits for Lodging a Car Accident Personal Injuries Claim

Queensland imposes strict deadlines for personal injury claims:

  • Notice of Accident Claim Form (NOAC): Must be submitted to the at-fault driver’s CTP insurer within nine months of the accident or one month after consulting a lawyer.
  • If the deadline is missed, a reasonable explanation is required.
  • Court proceedings must commence within three years from the accident date if not settled (or within three years of the injured person’s 18th birthday, if they were a minor at the time of the accident).

How Rin Kim Law Assists with Car Accident Claims

Lodging a car accident injury claim in Queensland involves legal procedures, insurer negotiations, and strict time limits. Rin Kim Law provides:

  • Legal expertise: We ensure your claim is properly lodged and supported by evidence.
  • Negotiation with insurers: Insurance companies may attempt to minimise payouts. We advocate for fair compensation.
  • Medical and financial assessment: Our team collects medical reports, accident records, and financial documents to strengthen your case.
  • Legal action if required: If an insurer undervalues or disputes a claim, we pursue legal avenues to secure what you are entitled to.

If you have been injured in a car accident, seeking legal advice early may improve your claim’s success. Contact Rin Kim Law for a consultation and expert guidance.

Sexual harassment and sex or gender-based harassment can be a one-off incident or repeated behaviour (contrast to non-sexual and non-gender based bullying and harassment, where there must be repeated bullying conduct representing a pattern of behaviour), and can be overt/ direct or subtle/ indirect. Certain behaviours, such as sexual assault, may constitute criminal offences.

As a result of recent legislative amendments to the Work Health and Safety Regulation 2011 (Qld), made by the Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Qld), Queensland employers must proactively manage the risk of workplace sexual and sex or gender-based harassment in the immediate future.

The Amendments

Amendments to the Work Health and Safety Regulation 2011 expand on the existing psychosocial risk provisions in the Work Health and Safety Act 2011 (Qld), by requiring employers to specifically and proactively manage the sexual and sex or gender-based harassment risks in the workplace/ whilst at work. 

Employers can manage address these risks by identifying the applicable hazards and attendant risks, implementing control measures in accordance with the usual hierarchy of controls (eliminate, substitute, isolate, reduce risk, reduce exposure, training), reviewing existing and newly implemented control measures and implementing a prevention plan.

The Importance of the Amendments

The Regulation amendments require Queensland employers to proactively manage the risk of workplace sexual sex or gender-based harassment. 

The change is important as the community is increasingly aware and recognizing the unacceptable widespread occurrence of sexual and sex or gender-based harassment in Queensland workplaces. The proactivity requirements reflect the relevant research results that most victims never report their harassment, fearing potential consequences to their reputation, career prospects and relationships, especially in workplaces with a high degree of power imbalance or gender inequality. Without the positive obligations imposed by the amendments, perpetrators in a passive or reactive workplace will potentially never be called to account, thereby harming more people as a result (with the resulting harm rippling out through the victim’s family and personal networks).

What constitutes sexual harassment and sex or gender-based harassment?

Sexual harassment and sex or gender-based harassment can be a one-off incident or repeated behaviour (contrast to non-sexual, sex or gender based bullying and harassment, where there must be repeated bullying conduct representing a pattern of behaviour), and can be overt/ direct or subtle/ indirect. Certain behaviours, such as sexual assault, may constitute criminal offences. 

Examples of these behaviour constituting the categories of harassment covered by the amendments include: 

  • actual or attempted rape or sexual assault (with or without aggravation); 
  • physical assault, abuse or threats targeted at an individual because of their sex, gender or sexuality; 
  • inappropriate physical contact, including unwelcome touching, hugging, kissing or “cornering” in an attempt to prevent the person from avoiding unwanted conduct; 
  • being followed, either in person or via technology; • sexual and lewd gestures or indecent exposure; 
  • sexualised comments about a person’s appearance or clothing; 
  • derogatory, offensive or demeaning comments about a person because of their sex, sexuality or gender;
  • comments, insults or jokes of a sexually suggestive or explicit nature, or which are sexist or derogatory or demeaning of a person’s gender; 
  • inappropriate staring, leering or invasion of personal space that makes a person feel uncomfortable; 
  • deliberately misgendering someone, including deliberate use of incorrect pronouns to belittle them; 
  • intrusive questions or comments about a person’s private life (e.g. relationship status), physical appearance, bodily functions (e.g. menstruation or anatomy) or gender identification/ pronouns; 
  • sharing or threatening to share an intimate image or video without a person’s consent (note this conduct may also constitute a criminal offence under other Queensland and Commonwealth laws); 
  • spreading sexual rumours about a person; 
  • sexually explicit gifts, images, videos, cartoons, drawings, photographs or jokes; 
  • repeated or inappropriate invitations to go out on dates, sexual or relationship advances, and requests or pressure for sex, intimacy or other sexual acts; 
  • comments about a person’s sexual performance or appearance (e.g. rating people on their sexual desirability); and 
  • gendered double-standards or different repercussions for the same actions of another gender.

What actions should an employer positively take in response to these proactive obligations?

It is recommended that employers: 

  • Take reasonable and prudent steps to learn about and appreciate the nature, drivers and impacts of harassment in the workplace, and how to identify the risk of sexual and sex or gender-based harassment occurring in their workplaces and work-related activities and events; 
  • Carefully consider worker, workplace and/ or work environmental characteristics that may increase the risk of harassment (e.g. obvious structural power imbalances, gender and diversity imbalances, data/ studies published about their industry etc); 

Recognise that: 

  • harassment in all its forms (especially sexual, sex or gender-based harassment, which only requires one instance rather than repeated conduct or instances) is both a human resources and safety issue; and 
  • appropriate harassment safeguards require collaboration between management, human resources, health and safety personnel and the workforce at large, and a “systems thinking” approach to identify and address relevant matters appropriately and in a timely fashion; 
  • Provide its workplace leaders, human resources and health and safety staff (if it has such dedicated roles) with appropriate and adequate training in relation to sexual and sex or gender-based harassment (for example, through the training services of the Queensland Human Rights Commission) so they have the skills and confidence to appropriately respond is circumstances where sexual or sex or gender-based harassment is reported or identified; 
  • Prepare a Prevention Plan to manage identified risks to the health or safety of workers, or other persons, from sexual harassment and sex or gender-based harassment at work prior to the commencement date of the Regulation amendments; and 
  • Keep an eye out for further guidance and information/ material emanating from WorkSafe Queensland/ Office of Industrial Relations prior to commencement of the Regulation amendments and from time to time thereafter (including a “promised” template prevention plan).

When do Queensland employers need to have their Prevention Plan in place?

From March 2025, Queensland employers must prepare and have in place a Prevention Plan to manage any identified risk to the health or safety of workers, or other persons in the workplace, from sexual and sex or gender-based harassment.

Currently available resources

The following represents necessary and useful resources for employers to appreciate their applicable work health and safety obligations and how to address those obligations in a compliant manner: 

WorkSafe Queensland’s online explanations and resources at: 

Australian Human Rights Commission/ Respect@Work’s online suite of resources