Accredited specialist lawyers representing people injured across Queensland in car, motorcycle, pedestrian, cyclist, public transport and heavy vehicle accidents.
Free initial consultation
We listen to your story, map out your options, and provide clear advice on your chances of success and likely compensation.
We lodge your claim
We own the process, communicate with insurers, obtain the necessary medical evidence, and keep you informed at every stage.
Support throughout your claim
We handle the complexity of your claim and support you with the real-life challenges that come with it - so you can focus on recovery.
Negotiation & payout
When your claim is ready to resolve, we negotiate firmly and carefully to achieve a fair outcome that reflects the full impact of your injuries.
What we can help you with.
We undertake all negotiations with the insurer on your behalf to maximise how much compensation you receive in your back pocket from your claim.
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.
We lodge your claim
We own the process, communicate with insurers, obtain the necessary medical evidence, and keep you informed at every stage.
Support throughout your claim
We handle the complexity of your claim and support you with the real-life challenges that come with it - so you can focus on recovery.
Negotiation & payout
When your claim is ready to resolve, we negotiate firmly and carefully to achieve a fair outcome that reflects the full impact of your injuries.
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 2% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, recognising the highest level of industry expertise, experience, and ethical standards.
Unlike many firms, we don’t add extra percentages or “success fees” to your settlement. This means you keep the maximum compensation you are entitled to.
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.
Your claim, your Gain.
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. This system applies to people injured in accidents involving cars, motorcycles, trucks, buses, and other registered vehicles, regardless of how they were travelling at the time.
Understanding how the Queensland system works - including who the claim is made against, how fault is assessed, and how claims progress - 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, 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 usually make a claim against the vehicle’s CTP insurance (Compulsory Third Party insurance: What It Is, What It Covers, and How It Works), 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, information exchange, and mandatory steps designed to encourage resolution without litigation.
Who can claim under the scheme
The Queensland CTP system is not limited to drivers. It applies to a wide range of road users injured due to another party’s negligence, including passengers, motorcyclists, cyclists, pedestrians, and people injured by heavy or commercial vehicles.
What matters is not the type of vehicle involved, but whether another party’s driving caused or contributed to the accident. This broader coverage is a defining feature of the Queensland scheme and is often misunderstood.
Uninsured, unregistered, and hit-and-run vehicles
The Queensland system 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 (Nominal Defendant Claims: Compensation for Hit-and-Run and Uninsured Accidents), a statutory body that steps in where no CTP insurer can be identified. This mechanism ensures injured people are not denied access to compensation solely because the responsible vehicle cannot be traced.
These claims are subject to stricter procedural requirements and shorter time limits, and claimants are generally expected to demonstrate that reasonable steps were taken to identify the vehicle.
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. Fault is assessed by examining driving behaviour, traffic conditions, vehicle movements, and the surrounding circumstances of the collision.
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. This principle - known as contributory negligence (Contributory Negligence: Definition, Examples and Effects on Liability) - plays a significant role in how many Queensland motor vehicle accident claims are assessed.
Evidence and medical assessment
To succeed in a Queensland motor vehicle accident claim, evidence must establish both how the accident occurred and how the injuries have affected the injured person’s health, work, and daily life.
Medical evidence is particularly important and often develops over time. Many injuries - including spinal, brain, or psychological injuries - cannot be accurately assessed in the early stages, which is why claims should not be resolved before the longer-term impact is properly understood.
What compensation may be available
Where another party is found to be at fault, the Queensland scheme allows compensation to reflect the full consequences of the injury, not just immediate medical costs. This may include treatment expenses, income loss, future care needs, and compensation for the physical and psychological effects of the injury.
The scope of compensation available under the scheme is explored in more detail when considering motor vehicle accident compensation (Motor Vehicle Accident Compensation: What You Can Claim and How It’s Assessed).
Time limits and procedural deadlines
Strict statutory time limits apply to all Queensland motor vehicle accident claims, and missing them can permanently extinguish your right to compensation.
In most cases, a formal Notice of Accident Claim must be lodged within 9 months of the accident, and court proceedings must generally be commenced within 3 years of the date of the accident.
Different rules apply where the injured person is a minor. For people under 18, the three-year court deadline usually runs from their 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 cases, the claim must be lodged within 3 months of the accident, and failure to lodge a compliant claim within 9 months will permanently bar the claim.
Because time limits vary depending on how and where an accident occurred, understanding motor vehicle accident claim time limits in Queensland (How Long After a Motor Vehicle Accident Can You Claim in Australia?) is critical before taking any action.
How claims are resolved
Most Queensland motor vehicle accident claims resolve through negotiation once medical treatment has stabilised and the longer-term effects of the injury are clear. Court proceedings are used only where a fair settlement cannot be reached, and always as a last resort.
3 things to know about motor vehicle accident claims in QLD
“I highly recommend Jeremy Roche. His knowledge was incredible and he genuinely cares about you. I found him honest, straightforward and professional. He made everything so much easier and did a fantastic job.”
.svg)
Start with us.
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 low compensation - may be managed without a lawyer. However, most Queensland motor vehicle accident claims are worth significantly more than people initially expect.
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 even give you an early indication over the phone about whether your situation is likely to warrant a full claim, what the next steps would involve, and whether it makes sense to proceed at all.
The first conversation is about clarity and direction, not obligation.