Cycling injury compensation in Queensland.
Is this you?
This page is for the cyclist who has been knocked off their bike in Queensland and is wondering what happens next.
Most of these matters fall under the Queensland Compulsory Third Party (CTP) scheme, which is administered through the Motor Accident Insurance Act 1994 (Qld). The scheme covers personal injury caused by, through, or in connection with a motor vehicle. The cyclist does not need a CTP policy of their own. The claim runs against the at-fault driver’s insurer.
The scheme covers the obvious cases and a number of less obvious ones:
- Hit by a car, ute, truck, bus, motorbike, or scooter.
- Doored by a parked car opening into the bike lane.
- Hit by a vehicle entering or leaving a driveway, car park, or roundabout.
- Forced off the road by a vehicle, including where there was no actual contact, provided the vehicle materially caused the fall.
- Hit and run, where the driver is not identified. The claim runs against the Nominal Defendant under section 33 of the Act.
- Hit by an uninsured or unregistered vehicle. Again, the Nominal Defendant.
- Injured while cycling for work. In some cases there is both a CTP claim and a WorkCover claim under the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
If the fall was caused by a road defect, a pothole, a missing sign, or a hazard on a shared path, the framework is different. That is usually a public liability claim against the road authority under the Civil Liability Act 2003 (Qld), with a notice requirement under section 9 of the Personal Injuries Proceedings Act 2002 (Qld).
The firm acts for cyclists on both types of matter.
What happens next.
The Queensland CTP process is procedural. The steps are set out in the Act and the practice followed by the insurers. There are no shortcuts; there are also no surprises if the steps are followed in order.
Step one, notice of accident claim. Form 1 (Notice of Accident Claim Form, or NOACF) must be served on the CTP insurer within nine months of the accident, or within one month of first consulting a lawyer about the matter, whichever is earlier. The deadline is set by section 37 of the Motor Accident Insurance Act 1994 (Qld). Late notice is not necessarily fatal but it does require a reasonable explanation under section 37(3) and a separate application to the insurer.
Step two, insurer response. The insurer must respond within fourteen days as to whether the form is compliant, and within six months as to whether liability is admitted, denied, or accepted in part. The medical and economic evidence is built in parallel.
Step three, gathering evidence. Medical records, treating doctor reports, independent medical examinations, payslips, tax returns, witness statements, and police records. Where the injuries are serious, vocational and care reports.
Step four, compulsory conference. Section 51A of the Act requires the parties to attend a compulsory conference before court proceedings can start. Most matters resolve at or shortly after this conference. Where they do not, the proceedings are filed in the District or Supreme Court depending on the value of the claim.
Step five, settlement or judgment. Damages are assessed under the Civil Liability Act 2003 (Qld) and the Civil Liability Regulation 2014 (Qld). General damages run on the Injury Scale Value system in Schedule 4 of the Regulation. Past and future economic loss, medical expenses, and care are assessed on the evidence.
From notice to resolution, a moderately complex CTP matter typically takes between twelve and twenty-four months. Catastrophic injuries take longer because the medical picture takes longer to stabilise.
Why act now.
The Queensland scheme runs on deadlines. Two of them matter most.
The first is the section 37 deadline for the Notice of Accident Claim Form: nine months from the date of the accident, or one month from first consulting a lawyer about the matter, whichever falls first. The lawyer-consultation trigger is the one that catches people by surprise. A casual conversation with a solicitor about whether there is a claim can start a one-month clock, even if no retainer is signed.
The second is the limitation period in section 11 of the Limitation of Actions Act 1974 (Qld): three years from the date the cause of action accrued. In practice, court proceedings should be filed well before three years are up, because the compulsory conference and the pre-court steps under the Motor Accident Insurance Act 1994 (Qld) take time.
Beyond the deadlines, evidence ages. Memories soften. Witnesses move. Roadworks change the scene. Treating doctors discharge files. Photographs from the day of the accident are easier to interpret than reconstructions years later. None of this is fatal in isolation. None of it gets easier with delay.
Why this firm.
Cycling injury claims in Queensland are procedural, but they are not mechanical. The medical evidence, the question of fault, and the insurer’s position all shift as a matter runs, and the value of the claim shifts with them. A claim handled carelessly early is harder to put right later.
At Fraser Lawyers the file is run by the principal. Not a call centre, not a rotating handler, and not a claim referrer paid to pass it on. The firm acts on cycling, motor vehicle, public liability, and workplace injury claims under the Queensland scheme.
The firm does not make extravagant promises about results. No competent lawyer should. What it offers is a clear read of where the matter stands, the steps that come next, and a plain account of what the process will involve.
Tell us about the accident.
A short outline is enough for us to tell you whether the firm can act and what the next step is. The firm responds by phone or email on the next business day.
I was hit by a car while cycling in Queensland. What scheme applies?
The Queensland Compulsory Third Party (CTP) scheme under the Motor Accident Insurance Act 1994 (Qld). Our guide to CTP claims in Queensland explains the CTP process in detail. Every registered motor vehicle in Queensland carries a CTP policy. The policy responds to claims for personal injury caused by, through, or in connection with the vehicle, regardless of who was driving. The claim runs against the driver’s CTP insurer, not against the driver personally.
You do not need to have insurance of your own to claim. You do not need to have been wearing high-visibility clothing. You do not need a witness. You do need to give notice to the insurer within the section 37 timeframe.
What if the driver did not stop, or cannot be identified?
The Nominal Defendant scheme under Part 4 of the Motor Accident Insurance Act 1994 (Qld) responds. The Nominal Defendant is, in practical terms, the insurer of last resort for unidentified or uninsured vehicles. The claim is made in the same form, against the Nominal Defendant rather than a named insurer.
Notice must still be given within nine months of the accident under section 37, and the Nominal Defendant takes a strict view on whether the claimant has taken reasonable steps to identify the driver. Reasonable steps include reporting to police promptly, obtaining the police event number, and following up with anyone who may have seen the vehicle. The police report and any CCTV from nearby premises usually decide the question.
What heads of damage can be claimed?
The Civil Liability Act 2003 (Qld) and the Civil Liability Regulation 2014 (Qld) set the framework. The heads commonly assessed are:
- General damages for pain, suffering, and loss of amenities, assessed on the Injury Scale Value system in Schedule 4 of the Regulation.
- Past economic loss covering wages and superannuation already lost between the accident and resolution.
- Future economic loss covering reduced earning capacity over the remainder of the working life.
- Past and future medical, hospital, and rehabilitation expenses, including physiotherapy, surgery, and equipment.
- Past and future paid and gratuitous care, where care needs meet the threshold in section 59 of the Civil Liability Act 2003 (Qld).
- Interest on certain heads, as the legislation permits.
Each head is assessed on the evidence in the matter. There is no fixed figure for any category of injury.
How long do I have to lodge a claim?
Two deadlines matter. The first is in section 37 of the Motor Accident Insurance Act 1994 (Qld): the Notice of Accident Claim Form must be served on the CTP insurer within nine months of the accident, or within one month of first consulting a lawyer about the matter, whichever falls first. Late notice can be allowed under section 37(3) but requires a reasonable explanation.
The second is in section 11 of the Limitation of Actions Act 1974 (Qld): a court proceeding for personal injury must be commenced within three years of the cause of action accruing. In a CTP matter, that is generally three years from the date of the accident, though there are exceptions for minors and persons under a disability.
I was partly at fault. Can I still claim?
Often, yes. Queensland operates on contributory negligence, not contributory fault as an absolute bar. Section 23 of the Civil Liability Act 2003 (Qld) allows the court (or the insurer in settlement) to reduce damages by the percentage by which the claimant’s own conduct contributed to the injury. The reduction can range from a small percentage up to one hundred per cent in the most serious cases, but a partial reduction is the more common outcome.
Common reductions in cycling matters arise from absence of a helmet (a statutory requirement under the Transport Operations (Road Use Management) Act 1995 (Qld)), riding without a front or rear light at night, or riding through a red signal. None of those automatically defeat a claim. They reduce it.
What about the damage to my bike?
The CTP scheme covers personal injury, not property damage. The damage to the bicycle, helmet, lights, computer, clothing, and shoes is a separate claim against the at-fault driver’s comprehensive insurance, the driver personally, or through the cyclist’s own home and contents or bicycle insurance.
The firm can advise on which path is most efficient. Where the property damage is significant and the personal injury claim is running, it is sometimes practical to resolve property and injury together.
What if I was cycling for work?
Where a cyclist is injured during the course of employment (for example a courier, a food delivery rider, or a tradesperson on a work errand), there may be both a WorkCover claim under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and a CTP claim against the at-fault driver’s insurer under MAIA.
The two schemes interact. Section 207B of the WCRA and the election provisions in Chapter 5 of that Act govern how the claims fit together. In short: WorkCover statutory benefits run from day one, and a common-law damages claim sits alongside the CTP claim where there is an at-fault driver. The strategy depends on the injuries, the work, and the relative strength of each claim.
What does it cost to make a claim?
The firm provides a written costs disclosure under section 308 of the Legal Profession Act 2007 (Qld) at the start of the matter setting out the basis on which fees are calculated and the expected range. For personal injury matters, the disclosure also addresses the costs cap under section 347 of the Act, which limits the legal costs payable from a claimant’s damages in matters where general damages are below the relevant threshold.
The firm does not advertise or promise particular fee structures on this page. The arrangement is explained at the first meeting, in writing, before any substantive work begins.
Talk to Fraser Lawyers about your cycling injury.
A short call or intake form is usually enough to tell whether the firm can act and what the next step is. Fraser Lawyers is based at 86 Bundall Road, Bundall, and acts for clients across the Gold Coast and Queensland.