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 31 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. The Notice of Accident Claim Form must be given to the CTP insurer, and the deadline depends on the vehicle. For an identified vehicle, notice is due within the earlier of nine months after the accident (or the first appearance of symptoms) and one month after first consulting a lawyer about the possibility of a claim (section 37(2)(b)). For an unidentified vehicle, such as a hit and run, notice to the Nominal Defendant is due within three months of the accident, and the claim against the Nominal Defendant is barred if notice is not given within nine months (section 37(2)(a), (3)). Late notice within the primary period can be preserved by giving a reasonable excuse under section 37(3), but the nine-month bar on an unidentified-vehicle claim is hard.
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. If the claim does not settle there, the proceedings are filed in the court that has jurisdiction for the claim, which may be the Magistrates, District or Supreme Court depending on the amount claimed.
Step five, settlement or judgment. Damages are assessed under the Civil Liability Act 2003 (Qld) and the Civil Liability Regulation 2025 (Qld). General damages are worked out using the Injury Scale Value system: the ISV ranges are in Schedule 3 of the Regulation, and where there is more than one injury the Regulation uses a dominant-injury method in Schedule 2 rather than simply adding a separate value for each injury. Past and future economic loss, medical expenses, and care are assessed on the evidence.
The time from notice to resolution varies with the complexity of the claim and, in particular, with how long the medical position takes to stabilise. Catastrophic injuries generally take longer because the medical picture takes longer to settle.
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. For an identified vehicle it is the earlier of nine months from the accident and one month from first consulting a lawyer about the matter. 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. For an unidentified vehicle, such as a hit and run, the deadline is much shorter: notice to the Nominal Defendant is due within three months of the accident, with a hard nine-month bar (section 37(2)(a), (3)).
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.
Fraser Lawyers acts on cycling, motor vehicle, public liability, and workplace injury claims under the Queensland scheme. The firm is not a claim referrer and does not give or receive payment for referrals, which is prohibited under Queensland law.
What the firm provides is an account of where the matter stands, the steps that come next, and 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.
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.
For an unidentified vehicle, notice to the Nominal Defendant is due within three months of the accident, and the claim is barred if notice is not given within nine months (section 37(2)(a), (3)). The Nominal Defendant also takes a strict view on whether the claimant has taken reasonable steps to identify the driver, and proper inquiry and search must be shown (section 31(2)). 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 2025 (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, with the ISV ranges in Schedule 3 of the Regulation and a dominant-injury method in Schedule 2 where there is more than one injury.
- 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): for an identified vehicle the Notice of Accident Claim Form must be given to the CTP insurer within the earlier of nine months of the accident and one month of first consulting a lawyer about the matter. A shorter deadline applies to an unidentified vehicle, such as a hit and run: notice to the Nominal Defendant is due within three months, with a hard nine-month bar (section 37(2)(a), (3)). Late notice within the primary period can be allowed under section 37(3) with 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. Sections 23 and 24 of the Civil Liability Act 2003 (Qld) allow the court (or the insurer in settlement) to reduce damages by the extent to which the claimant’s own conduct contributed to the injury. A reduction can, in an appropriate case, be one hundred per cent, which defeats the claim (s 24).
Conduct that can be raised in cycling matters includes not wearing an approved helmet (required by rule 256 of the Transport Operations (Road Use Management-Road Rules) Regulation 2009 (Qld)), riding without a front or rear light at night, or riding through a red signal. None of those automatically reduces or defeats a claim: a reduction applies only where the conduct actually contributed to the injury or its severity.
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. The two schemes interact, but through different provisions, and the effect depends on who the damages are claimed from. Section 207B of the WCRA deals with the insurer’s charge where damages are recovered independently of the Act from a third party, such as the at-fault driver, while the Chapter 5 election concerns damages against the employer. WorkCover statutory benefits depend on the claim being accepted and on the Act’s entitlement and payment rules, not on the accident date alone. Because the interaction is not a single rule, the pathway should be worked out on the particular facts.
What does it cost to make a claim?
The firm gives costs disclosure in the form and at the time the Legal Profession Act 2007 (Qld) requires. Depending on the estimated costs, disclosure may be unnecessary, in a short form, or detailed (sections 307A, 307B and 308), and it is given before or as soon as practicable after the firm is retained (section 310). For personal injury matters, the disclosure also addresses the cap on claim-related costs under section 347 of the Act. That cap is a formula, broadly one half of the amount recovered after deducting any refunds and the approved disbursements, not a rule that depends on general damages being below a 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.