Accredited specialist lawyers representing people injured across Queensland in car, motorcycle, pedestrian, cyclist, public transport and heavy vehicle accidents.
What we can help you with.
We act for people injured in motor vehicle accidents across Queensland, running the claim from start to finish so the day-to-day pressure of dealing with the insurer doesn't sit with you while you're recovering.
We specialise in handling a wide range of personal injury claims, including:
- Car accidents
- Truck and heavy vehicle accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Bus and public transport accidents
- Hit and run motor vehicle accidents
- Multi-vehicle collisions
- Reversing and parking accidents
- Accidents involving e-scooters and mobility devices
Free initial consultation
We listen to your story, map out your options, and provide clear advice on your chances of success and likely compensation.
Lodging your claim
We notify the insurer and lodge your claim correctly from the start, making sure all requirements and deadlines are met.
Support throughout your claim
We gather the medical reports and supporting evidence needed to prove how the accident occurred, what injuries you suffered, and the full impact they have on your life.
Negotiation & payout
We negotiate your claim with the insurer, and if successful, finalise your settlement. Most claims are resolved without going to court.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide online or phone consultations, and can even come to you if needed.
Motor vehicle accident claims in Queensland.
If you've been injured in a motor vehicle accident - even if you were partly at fault - you may be entitled to claim compensation through Queensland's CTP insurance scheme.
Who can make a motor vehicle accident claim?
You do not need to be a driver to make a motor vehicle accident claim in Queensland.
The Queensland scheme applies to a wide range of people injured due to another party’s driving, including:
- Drivers and passengers
- Motorcyclists and cyclists
- Pedestrians
- Public transport users
- Workers injured in vehicle-related incidents
- Dependants in fatal motor vehicle accident claims
Your claim is made against the insurer - not the driver.
Many people hesitate to make a claim because the driver who caused the accident is someone they know, such as a family member, partner, or friend. In Queensland, the claim is made against the vehicle's CTP insurer, not the individual driver.
Fewer than 5% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, which recognises the highest level of industry expertise, experience, and ethical standards.
We don't add extra percentages or "success fees" to your settlement. No additional percentage comes out of your final compensation.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Jeremy Roche, Director At Gain
How motor vehicle accident claims work in Queensland
Motor vehicle accident compensation claims in Queensland operate under a statutory insurance scheme rather than a conventional personal lawsuit against the driver. The system applies to people injured in accidents involving cars, motorcycles, trucks, buses, and other registered vehicles, and it covers a broader range of road users than many people realise.
Understanding how the Queensland scheme works, including who the claim is made against, how fault is assessed, and how the process is structured, is essential to understanding how outcomes are determined.
The Queensland CTP insurance system
In Queensland, injury claims arising from motor vehicle accidents are governed by the Motor Accident Insurance Act 1994 (Qld), which establishes a compulsory insurance framework for people injured due to another party's driving. Rather than claiming directly against the at-fault driver, injured people make a claim against the vehicle's CTP insurance, which is attached to the vehicle's registration.
The scheme is overseen by the Motor Accident Insurance Commission, which regulates insurers and enforces compliance across Queensland. Because this is a statutory scheme, claims must follow a prescribed pre-court process involving formal notices and information exchange, beginning with a Notice of Accident Claim Form (NOAC) lodged with the relevant CTP insurer.
Who can claim under the scheme
The Queensland CTP scheme is not limited to drivers. It applies to a wide range of road users injured due to another party's negligent driving, including passengers, motorcyclists, cyclists, pedestrians, and people injured by heavy or commercial vehicles.
Passengers injured in a vehicle driven by an at-fault family member, friend, or partner make up a substantial share of CTP claims, and many people in this position assume incorrectly that they cannot or should not claim against someone they know. The CTP claim is made against the vehicle's insurer, not against the driver personally, and the insurer pays any settlement or judgment without the driver being out of pocket. What matters is not the type of vehicle involved or the relationship between driver and passenger, but whether another party's driving caused or contributed to the accident.
Uninsured, unregistered, and hit-and-run vehicles
The Queensland scheme also provides coverage where the at-fault vehicle cannot be identified or is not properly insured. In these circumstances, a claim may proceed against the Nominal Defendant, a statutory body that steps in where no CTP insurer can be identified. This mechanism ensures injured people are not denied compensation simply because the responsible vehicle cannot be traced.
Nominal Defendant claims are subject to stricter procedural requirements and shorter time limits than standard CTP claims, and claimants are generally expected to demonstrate that reasonable steps were taken to identify the vehicle.
Catastrophic injuries and the National Injury Insurance Scheme Queensland
Where a motor vehicle accident causes a catastrophic injury, additional support may be available under the National Injury Insurance Scheme Queensland. NIISQ provides lifetime treatment, care, and support funding on a no-fault basis for catastrophic injuries including severe traumatic brain injury, severe spinal cord injury, multiple amputations, severe burns, and permanent total blindness sustained in motor vehicle accidents in Queensland, where the NIISQ eligibility criteria are met.
A claimant with a catastrophic injury can typically access NIISQ entitlements alongside a common-law CTP claim, with NIISQ funding ongoing care and the common-law claim addressing financial loss and other heads of damage. Catastrophic outcomes are the minority of motor vehicle accident claims, but where they occur, coordinating the two pathways from the outset materially affects what the claimant ultimately receives across both schemes.
How fault is assessed under Queensland law
Compensation under the motor vehicle accident scheme depends on whether another party caused or contributed to the accident. How fault is determined involves examining driving behaviour, traffic conditions, vehicle movements, road rules, and the surrounding circumstances of the collision, often supported by police reports, dashcam footage, witness statements, and vehicle damage patterns. Insurers commonly conduct their own investigation, and the early evidence picture (scene photographs, witness contact details, police reference numbers) often shapes how that investigation runs.
Responsibility is not always all-or-nothing. Where an injured person's own conduct contributed to the accident or worsened the injury, compensation may be reduced rather than refused under the principle of contributory negligence. This principle plays a significant role in Queensland CTP claims and applies even where the injured person was not wearing a seatbelt, was affected by alcohol, or was breaching road rules at the time of the accident.
Time limits and procedural deadlines
Strict statutory deadlines apply to all Queensland motor vehicle accident claims. The time limits for motor vehicle accident claims in Queensland are set by the Motor Accident Insurance Act 1994 (Qld) and the Limitation of Actions Act 1974 (Qld).
In most cases, a formal Notice of Accident Claim must be lodged within 9 months of the accident, and court proceedings (the formal filing of the claim, not a trial) must generally be commenced within 3 years of the date of the accident. Most claims settle long before this stage.
Where a deadline has been missed, the Motor Accident Insurance Act 1994 (Qld) allows a claim to proceed if the claimant provides a reasonable excuse for the delay. Reasonable excuses commonly accepted include ongoing medical treatment that affected the claimant's ability to act, a genuine lack of awareness about the right to claim, or being misled about the prospects of a claim. This is not an automatic extension and the claim becomes harder the longer the delay continues, but missing a deadline is not always the end of the matter, and anyone who thinks their claim may be out of time should still seek advice rather than assuming the claim is dead.
Different rules apply where the injured person is under 18. In those cases, the three-year court deadline usually runs from the person's 18th birthday. Even so, claims should be lodged as early as possible to protect evidence and avoid complications.
Claims involving uninsured, unregistered, or unidentified vehicles (Nominal Defendant claims) are subject to much stricter deadlines. In most non-fatal cases, a claim must be lodged within 3 months of the accident, with a hard 9-month outer limit beyond which the claim is permanently barred.
3 things to know about motor vehicle accident claims in QLD
“I was out of my depth making a claim, but Jeremy made me feel at ease the whole way through. I was so confident in him right from the start and he did a fantastic job. He genuinely cared about me.”
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Motor vehicle accident lawyer FAQs (QLD)
Do I need a lawyer, or can I handle a motor vehicle accident claim myself?
In practice, unrepresented claimants are often treated differently by insurers. Claims may progress more slowly, positions can be narrowed early, and settlement offers may not reflect the full impact of the injury on work, treatment, and long-term recovery.
Some very minor claims, typically involving short-lived injuries and quick recoveries, can be managed without a lawyer. For most other CTP claims, the medical, evidentiary, and procedural questions involved are difficult to navigate without experience in the scheme.
What if my injuries seemed minor at first but have not improved?
Claims can still proceed in these situations. This is common with injuries such as neck and back pain, soft tissue injuries, headaches, nerve symptoms, and psychological injuries. Early medical notes often carry more weight than people expect, even when symptoms change over time. Getting advice early helps ensure decisions are based on how the injury actually develops, not just how it appeared in the first few days.
What if I was partly at fault for the accident?
Partial fault does not automatically rule out a claim. Many motor vehicle accident claims involve shared responsibility, including situations where someone was speeding, distracted, misjudged traffic conditions, was not wearing a seatbelt, or had consumed alcohol. In most cases, these factors are weighed as part of the overall circumstances rather than treated as a complete bar to compensation.
What if I have already spoken to the insurer or given a statement?
This usually does not prevent a lawyer from helping. People often speak to insurers while still injured or before they understand how their condition may develop, and those early conversations are often recorded. A brief review can clarify what matters, what does not, and whether anything should be addressed properly going forward.
What if the other vehicle was uninsured, unregistered, or left the scene?
Strict time limits apply in these situations, and delay can permanently bar a claim. In most cases, a claim form must be lodged within 3 months of the accident, and if a compliant claim is not lodged within 9 months, the claim is usually extinguished.
These claims are more technical and easier to get wrong if assumptions are made early, which is why prompt advice is especially important.
Will my motor vehicle accident claim end up in court?
In Queensland, the vast majority of motor vehicle accident claims resolve without ever going to court. The CTP scheme places a strong emphasis on pre-court processes and negotiated settlement once the full medical and work impact of an injury is clear.
Court proceedings are typically a last resort and are only used where a fair resolution cannot be reached through the statutory process.
What if I cannot afford legal fees right now?
Initial advice is free, and you pay nothing upfront or while the claim is ongoing. If your claim succeeds, our professional fees are paid from the settlement.
We do not charge uplift or “success” fees, and we cover the cost of medical reports and other expert evidence as the case progresses. If a claim is unsuccessful, we write off our fees and the evidence costs entirely.
In many Queensland motor vehicle accident claims, the insurer is even required to contribute towards the injured person’s legal costs.
If I contact Gain Lawyers, am I committing to making a claim?
No - the initial consultation is free and often useful in its own right. We use that conversation to assess your situation and personal circumstances, explain whether a claim is available, and outline your options and the possible next steps.
In many cases, we can give you a sense over the phone of how the scheme applies to your situation, what the next steps would involve, and whether it makes sense to proceed.
The first conversation is about clarity and direction, not obligation.