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.
