Car accidents can happen suddenly and leave you feeling shocked, confused and unsure about what to do next. If you are injured in a car accident in Queensland, the steps you take after the accident can affect your health, your legal rights and your ability to claim compensation.
Understanding what to do immediately after an accident — and knowing your legal rights — can help protect your interests and ensure you receive the support you may be entitled to.
Below is a guide on what to do after a car accident in Queensland and how to protect your rights.
Check for Injuries
Your safety and the safety of others should always be the first priority.
If anyone is injured, call 000 immediately and request medical assistance. Even if injuries seem minor, it is important to seek medical attention as soon as possible.
Some injuries, such as whiplash, soft tissue injuries or head injuries, may not show symptoms straight away but can worsen over time. Seeing a doctor also creates medical records that may be important if you later make a compensation claim.
Understand Your Legal Rights
If you were injured in a car accident caused by another driver, you may be entitled to compensation through Queensland’s Compulsory Third Party (CTP) insurance scheme.
A motor vehicle accident claim may allow you to recover compensation for:
Medical and hospital expenses
Lost income and reduced earning capacity
Rehabilitation and therapy costs
Pain and suffering
Future treatment or care needs
Because strict legal deadlines apply to these claims, it is important to seek legal advice as soon as possible after an accident.
Time Limits for Claims
Motor vehicle accident claims in Queensland are subject to strict time limits.
Generally, you must:
Lodge a Notice of Accident Claim Form within 9 months of the accident, or within 1 month of speaking with a lawyer, and
Start court proceedings within 3 years of the accident
If these deadlines are missed, you may lose your right to claim compensation. Seeking legal advice early can help ensure the correct steps are taken within the required timeframe.
Who Pays Compensation?
Many people assume compensation comes directly from the driver responsible for the accident. In most cases, this is not how claims work in Queensland.
Instead, compensation claims are typically made against the CTP insurer of the at-fault driver’s vehicle. Every registered vehicle in Queensland must have Compulsory Third Party insurance, which covers injuries caused by road accidents.
This scheme is designed to ensure people injured in motor vehicle accidents can access compensation and support.
Uninsured or Hit-and-Run Drivers
Even if the driver responsible for the accident was uninsured or cannot be identified, you may still be able to make a claim.
In Queensland, injured people may be able to claim compensation through the Nominal Defendant, which is a government scheme that covers accidents involving:
Uninsured vehicles
Unknown or hit-and-run drivers
These types of claims often have shorter time limits, so it is particularly important to obtain legal advice as soon as possible.
If You Were Partly at Fault
Many people assume they cannot claim compensation if they were partly responsible for the accident. However, this is not always the case.
Under Queensland law, you may still be entitled to compensation even if you were partially at fault. This is known as contributory negligence.
In these situations, your compensation may be reduced based on your level of responsibility, but you may still recover damages for your injuries.
Gather Key Information
After a car accident, it is important to exchange details with the other driver and anyone involved.
You should collect:
Full name and contact details
Address
Driver licence number
Vehicle registration number
Insurance information
Having accurate details can make the insurance and compensation process much easier.
Take Photos and Evidence
If it is safe to do so, gather evidence at the accident scene.
Helpful evidence may include:
Photos of vehicle damage
Photos of the accident location
Road conditions and traffic signs
Witness names and contact details
Notes about how the accident occurred
This information can help establish fault and support your claim.
Report the Accident
In Queensland, certain accidents must be reported to the police.
This includes situations where:
Someone has been injured or killed
A driver fails to stop or exchange details
A driver appears to be under the influence of alcohol or drugs
The accident creates a road hazard
If police do not attend the scene, you may still need to report the accident through the Queensland Police online traffic crash reporting system.
Contact Your Insurer
You should notify your insurance company about the accident as soon as possible.
Provide accurate information about what occurred, but avoid admitting fault until the circumstances have been properly assessed.
Your insurer may ask for details about the accident, vehicle damage and any injuries.
See a Doctor
Even if you feel well after the accident, it is still important to see a doctor.
Injuries such as whiplash, back injuries or concussion may take days or weeks to develop. Early diagnosis can help ensure you receive the appropriate treatment and documentation of your injuries.
Medical evidence is also an important part of any compensation claim.
When to Contact a Lawyer
It is often helpful to speak with a lawyer if:
You suffered injuries in the accident
The other driver disputes who was at fault
Your injuries require ongoing treatment
An insurer delays or denies your claim
You are unsure about your legal rights
Early legal advice can help ensure your claim is handled properly and that you receive the compensation you may be entitled to.
Get Legal Advice After a Car Accident
If you have been injured in a car accident in Queensland, you may be entitled to compensation.
The team at Butler McDermott Lawyers can help you understand your rights and guide you through the claims process.
