Motor vehicle accident lawyers on the Gold Coast.
Whether you need a lawyer after a Queensland road accident, how fault and the CTP insurer are worked out, and how Fraser Lawyers runs a claim.
Most people can start a CTP claim after a Queensland road accident without a lawyer. The compulsory third party insurer of the at-fault vehicle has a statutory process for it, and for a straightforward claim with clear fault and minor injuries, that process can be enough.
A lawyer starts to matter when the straightforward assumptions break down: when who was at fault is disputed, when the injuries are lasting or the medical picture is still moving, when the insurer’s view of liability or of your injuries differs from your own, or when a deadline is close. CTP is a fault-based scheme under the Motor Accident Insurance Act 1994 (Qld): the at-fault driver’s insurer pays the claim, not the driver personally, and what you recover can be reduced if your own conduct contributed to the injury. Those are the points where the wording of a notice, the evidence gathered early, and the way an offer is read make a difference.
Fraser Lawyers acts for individuals across Queensland in motor vehicle accident matters. The principal is Blake Fraser, admitted as a solicitor of the Supreme Court of Queensland in 2013. The work is practical: identifying the responsible insurer, gathering the medical and factual evidence, handling the correspondence and the notice of claim, and advising you on the offers that come back so you can decide with the full picture in front of you.
For the mechanics of the scheme itself, the notice-of-claim steps, the time limits that apply, and how damages are assessed, see our guide to CTP claims in Queensland. For claims by particular road users, see our guides to passenger injury claims, pedestrian accident claims, and motorcycle accident claims.
When you can make a claim.
The Queensland framework that applies in CTP motor vehicle accident matters:
- Motor Accident Insurance Act 1994 (Qld). The principal statute governing the Queensland CTP scheme. Sets out the pre-court process: notice of claim, exchange of medical and financial material, compulsory conference and offers. The Nominal Defendant provisions are also in this Act.
- Civil Liability Act 2003 (Qld). Rules on duty of care, contributory negligence and damages assessment. Applies alongside the Motor Accident Insurance Act. Where a claimant’s own conduct contributed to the injury, damages may be reduced for contributory negligence under sections 23 and 24, and in an appropriate case the reduction can be up to 100%.
- Limitation of Actions Act 1974 (Qld). The general limitation period for personal injury claims is three years from the date of injury. Earlier notice deadlines apply under the CTP scheme itself.
- Civil Proceedings Act 2011 (Qld). The procedural framework for CTP matters that do not resolve at compulsory conference and proceed to trial.
- Legal Profession Act 2007 (Qld). Costs disclosure is given in the form and at the time the Act requires. Depending on the estimated costs and the statutory exceptions, disclosure may be unnecessary, abbreviated or detailed under sections 307A to 308, and is required before or as soon as practicable after the practice is retained under section 310. Any conditional costs agreement is governed by sections 322 to 324, and section 347 caps claim-related costs in speculative personal injury work.
Deadlines and risks.
CTP claims have layered deadlines. Getting any one of them wrong can complicate what would otherwise be a straightforward matter.
A Notice of Accident Claim Form must usually be lodged within nine months of the accident, or within one month of consulting a lawyer, whichever comes first. Where the at-fault vehicle is unidentified, the period for notifying the Nominal Defendant is three months from the accident, shorter and strictly applied.
The general limitation period to commence court proceedings is three years under the Limitation of Actions Act 1974 (Qld). Delays beyond the notice periods require explanation and may require a court application. The practical consequence of a missed deadline is not always fatal, but it creates a problem that did not exist before, and that is avoidable.
Telling us early does not commit you to anything. It gives more options.
How Fraser Lawyers acts in these matters.
We do not make extravagant promises about outcomes. No competent lawyer should.
What we do is identify the claim type, check which insurer is responsible, advise on the notice requirements, coordinate the medical evidence, and run the pre-court process through to compulsory conference and exchange of offers.
We tell you in writing where the file is at each stage. We explain what the evidence shows, what the insurer has said, and what the realistic range of outcomes looks like. We answer questions plainly, in language that does not require a separate explainer.
If the matter does not resolve pre-court, we advise on the decision to issue proceedings and, if those proceedings are filed, we run them.
The likely path.
Step 1: Initial call
You call or send a short enquiry. We confirm the date of accident, the circumstances, and any immediate steps needed, including whether a police report is required and what the notice deadline is.
Step 2: Notice of claim
We prepare and lodge the Notice of Accident Claim Form with the CTP insurer of the at-fault vehicle, or the Nominal Defendant if the vehicle is unidentified. We identify the correct insurer and confirm coverage.
Step 3: Medical evidence
We gather the medical evidence relevant to the claim, including reports from treating doctors and any specialist reports. Depending on the issues and the governing scheme, the insurer or another party may request a medical examination or further expert evidence, assessed under the applicable Act and the circumstances.
Step 4: Financial evidence
We gather the supporting material for the economic loss component of the claim: employment records, payslips, tax returns, any evidence of care provided to you or expenses incurred.
Step 5: Compulsory conference
Under the Motor Accident Insurance Act 1994 (Qld), the claim must proceed to a compulsory conference before court proceedings can be issued. It is the principal opportunity to resolve the claim before proceedings, and the parties exchange offers as part of that process.
Step 6: Resolution or proceedings
If the matter resolves at conference, we advise on the offer and, if it is appropriate, execute the settlement. If it does not resolve, we advise on whether to issue court proceedings and, if so, run them.
Questions we hear often.
Plain-English answers to the questions clients tend to ask. If your question is not here, call us.
Get in touchWho pays my claim: the driver who hit me, or their insurer?
The CTP insurer of the at-fault vehicle pays the claim, not the driver personally. Every registered vehicle in Queensland carries CTP cover automatically; the cost is included in registration. Where the at-fault vehicle is not identified or is uninsured, the Nominal Defendant scheme administered through MAIC takes the role of the insurer.
How long do I have to lodge a claim?
A Notice of Accident Claim Form must usually be lodged within nine months of the accident, or within one month of consulting a lawyer, whichever comes first. For an unidentified vehicle, the Nominal Defendant notification period is three months. The general limitation period to commence proceedings is three years under the Limitation of Actions Act 1974 (Qld). Delays beyond the notice periods require explanation and may need a court application.
What if I was partly at fault for the accident?
A claim can still be made, but a claimant’s own share of fault affects the outcome. Under the Civil Liability Act 2003 (Qld), damages are reduced for contributory negligence under sections 23 and 24 by a percentage assessed on the facts, according to the extent to which the claimant’s own conduct contributed to the injury. In an appropriate case that reduction can be up to 100%, which defeats the claim.
Will I have to attend a medical examination?
Not every claim involves a medical examination. Depending on the issues and the governing scheme, the insurer or another party may request a medical examination or further expert evidence. Any request is assessed under the applicable Act and the circumstances of the claim.
Will my claim go to court?
The Motor Accident Insurance Act 1994 (Qld) requires a compulsory conference before court proceedings can be issued. A claim may resolve during that pre-court process or may require proceedings. Whether it resolves, and when, depends on the evidence, procedural compliance, medical stability and the parties’ positions. No outcome or timeframe is predicted.
What if my injury did not involve another vehicle?
Some injuries in or around vehicles fall outside the CTP scheme. Slipping on a service-station forecourt, being injured in a car park without vehicle interaction, or injury caused by a defective premises rather than a moving vehicle, these are public liability claims, not CTP claims. They run under Part 1 of the Personal Injuries Proceedings Act 2002 (Qld). We assess on the first call which framework applies to the circumstances.
Personal injury claims in Queensland run to strict time limits. Some apply within months of the injury or accident, the limits differ by claim type, and a few, such as hit-and-run claims against the Nominal Defendant, cannot be extended.
Talk to Fraser Lawyers about your motor vehicle accident matter.
An initial call or email is the fastest way to know whether we can help and what the next step looks like. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217. We answer the phone Monday to Friday, 8:30 to 5:00.
Visit us in Bundall.
Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is. More about our lawyers in Bundall. Injured in a car accident near Southport? See car accident lawyer, Southport.
- Office86 Bundall Road, Bundall QLD 4217
- Phone(07) 5554 6116
- Email[email protected]
- HoursMonday to Friday, 8:30am to 5:00pm