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Your guide to Gold Coast car accident compensation
If you’ve been injured in a car accident on the Gold Coast, it’s normal to feel overwhelmed and unsure about your next steps. That’s why we’ve created this practical guide to car accident claims on the Gold Coast.
Our expert lawyers break down everything you need to know: from what to do right after a crash, to how to file a claim and how much compensation you might be entitled to.
If you’d prefer to speak with a specialist now, just contact our Gold Coast car accident lawyers. We’re here to help you understand your rights — completely free of charge.
Start your free online claim check
Find out if you’re eligible for a car accident claim on the Gold Coast today.
If you’ve been hurt in a road accident on the Gold Coast, you may be entitled to compensation.
Although commonly referred to as ‘car accident claims’, you can actually claim for any injury involving a motor vehicle. Our skilled lawyers can assist with claims involving:
You may also have a car accident compensation claim if:
Your child was injured in a road-related accident.
You witnessed a fatal accident and developed a diagnosed psychological condition.
A loved one passed away as a result of a road accident.
This list doesn’t cover every scenario. If you’ve been involved in any road-related incident, it’s worth speaking to someone who specialises in this area. Our Gold Coast motor vehicle accident lawyers will review your case and clearly explain your options.
How to find a car accident lawyer: Gold Coast & QLD
With three offices across Queensland — including a conveniently located Gold Coast office in Surfers Paradise — expert legal help is never far away. Use the map below to find your nearest Monaco Solicitors location.
Prefer not to travel? We offer remote consultations by phone or video. And if your injuries make travel difficult, one of our experienced car accident lawyers can visit you at home.
Retrieving locations...
How much car accident compensation can I get?
If you’ve been hurt in a motor vehicle accident in Queensland, you might be able to claim compensation through the state’s Compulsory Third Party (CTP) scheme. CTP insurance can cover things like medical bills, loss of income, and care needs, but only if another party was responsible for the crash.
There is one important exception: if your injuries are catastrophic and permanent, you may be entitled to support through the National Injury Insurance Scheme Queensland (NIISQ), even if the accident was your fault.
Below, we outline what kind of compensation you could receive from a CTP claim on the Gold Coast. Our car accident lawyers will also explain how the NIISQ process works for those with serious injuries.
What can a CTP claim cover on the Gold Coast?
If your car accident claim is successful, you may be entitled to compensation for:
Lost wages: this includes earnings you’ve already missed and your future income loss, along with superannuation contributions.
Medical expenses: covers everything from hospital treatment and GP visits to specialists, physiotherapy, and ongoing rehabilitation.
Care and support: whether from a professional carer or family members. You may also be compensated if your injuries prevent you from caring for someone who depends on you.
Home and vehicle modifications: if your injury requires your home or car to be altered, these costs can be covered too.
Non-economic loss (pain and suffering): this is financial recognition of how your injuries have impacted your quality of life, emotionally and psychologically.
To qualify for pain and suffering compensation in Queensland, your injuries must be classified as ‘serious’ under the Injury Scale Value (ISV) system. This is a medical assessment where your injury is given a rating between 0 and 100.
An ISV of 0 means the injury is too minor to qualify for non-economic loss compensation. In contrast, an ISV of 100 represents the most severe outcomes, such as permanent paralysis or significant brain trauma.
When determining your ISV, an independent medical assessor will consider:
The overall physical and emotional impact of the injury.
The expected duration and intensity of treatment and care.
Whether multiple injuries were sustained in the crash.
The development of psychological injuries like anxiety, depression, or PTSD.
How is pain and suffering compensation calculated?
In Queensland, pain and suffering compensation (also known as non-economic loss) is calculated using a formula that includes your Injury Scale Value (ISV), a base amount, and a variable amount. Here’s how it works:
Example car accident pain and suffering calculation
Imagine you fractured your collarbone in a crash and continue to experience chronic pain. After medical assessment, you’re given an ISV of 14. Your payout would be calculated as:
Base amount: $20,200.
Variable amount: (Your ISV – 10) × $2,560.
Total: $20,200 + (4 × $2,560) = $30,440.
These figures are indexed annually for inflation, and your payout will also be capped at a maximum amount. As of 1 July 2024, the maximum payout for pain and suffering in Queensland is $456,950.
To get a general guide to see what kind of pain and suffering payout you could get, check out the table below.
ISV
Average compensation amount (from July 2024)
1
$1,860
10
$22,200
20
$47,600
30
$82,250
40
$124,250
50
$171,550
60
$221,950
70
$275,450
80
$332,650
90
$393,150
100
$456,950
Keep in mind, pain and suffering is just one part of your total car accident compensation. Your final payout can also include lost income, medical expenses, rehabilitation, care and support, and any other entitlements you’re eligible for. In fact, many people receive a larger amount for future lost earnings or long-term medical needs — especially if their injuries are serious or they were earning a higher income before the accident.
The exact amount you receive will depend on your individual situation, including your Injury Scale Value (ISV), how your injuries affect your everyday life, and the full financial impact the accident has had on you.
If you’re unsure how your claim might be calculated, speak to our car accident compensation lawyers on the Gold Coast. We offer free claim assessments, so it costs you nothing to see how much you could receive.
What compensation can I claim through the NIISQ if I’m at fault?
The National Injury Insurance Scheme Queensland (NIISQ) is a no-fault scheme designed to support people who suffer catastrophic, permanent injuries in road accidents, even if they were at fault. This means that if you were responsible for the crash but sustained a life-altering injury, you may still qualify for comprehensive, lifelong care and support.
Injuries covered by the NIISQ
To be eligible for the scheme, your injury must meet NIISQ’s definition of a catastrophic injury. Examples include:
Spinal cord injuries.
Traumatic brain injuries.
Multiple amputations.
Severe burns.
Permanent blindness.
Severe orthopaedic injuries (e.g. complex fractures resulting in permanent disability).
Unlike CTP claims, NIISQ does not provide lump sum compensation for pain and suffering. Instead, it focuses on delivering long-term, tailored support services to help you live as independently as possible. Benefits may include:
Medical treatment, hospital expenses and rehab.
Mobility aids, equipment or prosthetics.
Home and vehicle modifications to accommodate your injury.
Personal care and support services.
Return-to-work support.
Support coordination, including assistance in managing your care plan and accessing all necessary services and entitlements.
Navigating an NIISQ application can be complex, especially when determining whether your injury meets the catastrophic threshold. Our Gold Coast car accident lawyers have extensive experience with the NIISQ scheme and know how to build strong medical evidence that meets the eligibility criteria.
If you’ve suffered a life-changing injury in a motor vehicle accident, get in touch with us today. We’ll make sure you get all the support you’re entitled to, for as long as you need it.
How to make a car accident claim on the Gold Coast
Every car accident compensation claim is slightly different, but yours will likely go through these steps:
When you book your free consultation, you’ll speak directly with one of our experienced Gold Coast car accident lawyers, either over the phone or in person at our local office. During this meeting, you’ll have the opportunity to explain how the accident happened, what injuries you’ve suffered, and how your life has been affected.
Your lawyer will then explain your legal rights and let you know what types of compensation you may be eligible for.
If you decide to proceed, the same lawyer will handle your case from start to finish, ensuring you get consistent support every step of the way.
Since Queensland car accident claims are fault-based, you’ll need detailed evidence showing both your injuries and the other party’s responsibility.
Your car accident lawyer will handle this for you, drawing on our extensive network of medical specialists and liability experts throughout Queensland. We’ll also cover all costs for these experts upfront, ensuring you won’t pay a cent out of pocket during your claim.
After collecting all the necessary evidence, your car accident lawyer will submit your CTP claim to the at-fault driver’s insurer.
You’ll be required to participate in a mandatory pre-court mediation with the insurer. Your lawyer will manage the whole process for you, reducing stress while advocating for the best possible result.
Thanks to our thorough preparation and many years of experience handling car accident claims on the Gold Coast, we usually settle at mediation. However, if the insurer won’t offer a fair settlement, we’re ready to take your case to court and fight for the compensation you deserve.
Can I make a No Win No Fee car accident claim?
Absolutely, you can make a No Win No Fee car accident claim on the Gold Coast. When you choose our lawyers, you’re backed by our industry-leading No Win No Fee guarantee. This means you can expect:
No upfront costs: we pay for everything upfront, including reports, investigations, and expert assessments, so you’re never out of pocket.
A true No Win No Fee model: unlike some firms that only waive their legal fees, we cover all expenses. If your claim doesn’t succeed, you won’t be left with a bill.
Lower legal fees: if your claim succeeds, our fees are capped at 30% of your compensation, much lower than the 50% cap charged by many other firms. In most cases, we also recover costs from the insurer, which means you get more (if not all) of your total payout.
Clear cost breakdown: before we start, you’ll get a transparent, written breakdown of all costs. No hidden fees or nasty surprises.
Want to find out how much your claim could cost? Contact our expert Gold Coast car accident lawyers today for a free consultation.
What other claims could I have?
On top of your Gold Coast car accident claim, you may be entitled to other types of compensation, including:
If you were driving a car, truck, or another motor vehicle as part of your job when the accident happened, you may be entitled to workers compensation in Queensland.
A successful workers comp claim can include weekly payments and cover the following:
Loss of income, up to 55% of the Queensland Ordinary Time Earnings (QOTE) each week while you’re off work. As of July 2024, the QOTE is $1,844.70 and adjusts annually with inflation.
Medical treatment, hospital expenses, and medications.
Rehabilitation services, psychological counselling, and support.
Travel costs to and from medical appointments or treatments.
If your injuries are permanent, you may also be entitled to a lump sum payout. To receive this, you’ll need to meet a minimum level of impairment based on your Degree of Permanent Impairment (DPI).
What happens after your DPI is assessed?
WorkCover Queensland will organise your DPI assessment once your injury has stabilised. Based on this assessment, they may offer you a lump sum payment.
Your options will depend on your DPI rating:
If your DPI is under 20%, you’ll need to choose between accepting the lump sum offer or pursuing a common law damages claim (you can’t do both).
If your DPI is 20% or higher, you can accept the lump sum payment and still make a common law claim for further compensation.
Not sure what’s right for your situation? Our experienced Queensland lawyers can help you understand your entitlements, challenge an unfair DPI assessment, and secure the full compensation you deserve. Reach out today for a free consultation.
If your car accident happened while you were working, you may be entitled to make a workplace common law claim, as long as two key conditions are met:
You were working at the time of the accident: this can include driving between job sites, transporting equipment, or even commuting if you’re required to travel as part of your role.
Your employer’s negligence contributed to the accident: this means your employer failed to take reasonable steps to ensure your safety. For example, they might have:
Provided an unsafe vehicle.
Skipped regular vehicle maintenance.
Failed to train you properly.
Ignored fatigue management protocols.
If successful, a workplace common law claim can result in a significant lump sum payout, covering:
Future lost income.
Ongoing medical expenses.
Rehabilitation and support services.
Pain and suffering.
Before pursuing a common law claim, it’s essential to speak with an experienced car accident lawyer. Your Degree of Permanent Impairment (DPI) will affect your legal options, and a good lawyer will explain the best course of action to maximise your compensation.
Our team can guide you through your options and help determine whether a statutory claim, a common law claim — or both — will result in the best financial outcome for your situation. Contact us for a free consultation.
You may be eligible to make a Total and Permanent Disability (TPD) claim if your car accident injury has left you unable to return to your current role, or any job suited to your education, training, or experience.
Unlike weekly workers compensation payments, a TPD payout is a one-off lump sum designed to provide long-term financial security. This type of cover is often included in your superannuation policy, meaning you could have access to a significant benefit without even knowing it.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Here’s what to do immediately after a car accident on the Gold Coast:
Seek medical attention: even if you feel fine, see a doctor as soon as possible. Some injuries don’t show symptoms straight away, and early medical records will strengthen your claim.
Talk to witnesses: if there were any bystanders, note down their names and contact details. Their statements could be vital in proving someone else was at fault for the accident.
Take photos: use your phone to document the scene, including vehicle damage, injuries, skid marks, traffic signs, and anything else that helps paint a clear picture of what happened.
Report the accident: lodge a police report within 24 hours. In Queensland, you can usually do this online or at a police station.
Contact a car accident lawyer on the Gold Coast: speaking with an experienced lawyer early on ensures you understand your rights, know what compensation you may be entitled to, and avoid costly mistakes in your claim.
With more than 25 years of experience supporting road accident victims, we’ve helped people with everything from minor sprains to serious, life-altering injuries.
You may be able to claim compensation for a wide range of injuries, including:
These are just some of the more common injuries we see in Gold Coast car accident claims. Even if your injury seems minor, it’s important to get legal advice. Our expert road injury lawyers will listen to your story, assess your eligibility, and explain your legal options — free of charge.
Determining who was at fault in a car accident is one of the most important parts of a successful compensation claim. In the Gold Coast (and throughout Queensland), the insurer of the at-fault driver is usually responsible for paying your compensation — so it’s absolutely essential to correctly identify who’s liable for the crash.
In many cases, more than one person or party could be at fault. Depending on how the crash happened, liability might be shared by:
Another driver (including rideshare or taxi drivers).
A vehicle owner or employer (e.g. a trucking company).
A local council or government body (for unsafe road conditions).
A pedestrian or passenger whose actions contributed to the crash
See the table below for common accident types and who’s usually considered at fault.
Accident scenario
Who's typically at fault?
You were rear-ended at a red light
Driver who hit you from behind
Someone ran a red light and hit your vehicle
Driver who ran the red light
Another driver failed to give way at an intersection
Driver who failed to give way
You merged without checking blind spot
You may be at fault (or shared fault)
You were hit while legally parked
Other driver
You and another car reversed into each other
Shared fault (often 50/50)
A car pulled out of a driveway and hit you
Driver exiting the driveway
You were speeding and hit another car
You may share fault
You were hit as a pedestrian crossing legally
The driver who failed to yield
Cyclist hit by a turning vehicle at a roundabout
The turning vehicle (failing to give way)
If your own actions contributed to the accident or made your injuries worse, your car accident compensation may be reduced. This is known as contributory negligence. It doesn’t stop you from making a claim, but it could lower the amount you receive, depending on the level of responsibility you’re found to share.
Examples of contributory negligence include:
Failing to wear a seatbelt or letting passengers go without one.
Riding a motorbike or bicycle without a helmet.
Travelling in an unsafe spot, such as unsecured in the back of a van.
Driving, riding, or being a passenger in a car where the driver was under the influence of alcohol or drugs.
Texting, calling, or using a mobile phone illegally while driving.
Even if one of these situations applies, it doesn’t automatically mean you’ll be found at fault. However, insurers often try to use contributory negligence to reduce payouts.
If you’re worried the insurer might raise this issue, it’s essential to speak with a Gold Coast car accident lawyer as soon as possible. We know how to counter these arguments with solid evidence and expert legal strategies, helping you get the maximum compensation you’re entitled to.
In Queensland, including the Gold Coast, strict time limits apply to car accident compensation claims. In most cases, you must begin your claim within three years of the accident date.
However, if that deadline has already passed, you may still have options. There are some legal exceptions to the three-year rule, and our expert Gold Coast car accident lawyers can assess whether you qualify for an extension.
If you’ve missed a deadline or are unsure how much time you have left, get in touch today. Over the years, we’ve helped many clients who thought they were too late get the compensation they deserve.
Most car accident compensation claims on the Gold Coast are finalised within 12 to 18 months, but this can vary depending on the specifics of your case. Key factors include the seriousness of your injury, how much treatment you need, and whether your condition has ‘stabilised’.
In this context, ‘stabilised’ means your injury is unlikely to get better or worse with further medical care. It’s crucial not to settle your claim until your condition is stable — otherwise, you risk missing out on the full compensation you’re entitled to.
For a personalised timeline, speak with one of our Gold Coast car accident lawyers. We’ll assess your circumstances and give you a free, accurate estimate of how long your claim may take.
Yes, even if the at-fault driver was unregistered or uninsured, you can still make a compensation claim in Queensland. In these situations, your claim is made through a government body known as the ‘Nominal Defendant’.
The Nominal Defendant scheme exists to protect people injured by drivers who don’t have valid registration or Compulsory Third Party (CTP) insurance. It ensures you can still access the support and compensation you need, even when there’s no insurer to claim against.
Importantly, claims involving the Nominal Defendant follow strict processes and tight timeframes. If your paperwork is incomplete or late, your claim may be rejected.
That’s why it’s crucial to speak with an experienced Gold Coast car accident lawyer as soon as possible. We understand the unique rules that apply to Nominal Defendant claims and will guide you through every step to maximise your compensation.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco is the place to go for a lawyer that cares. You're in safe hands.
They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.
Monaco explain things in a way you would understand, instead of lingo insurance and other companies like to use. Monaco Solicitors are amazing! So to any of you who are needing legal support/representation, know you will be in safe hands if you choose Monaco Solicitors!
I'm glad my friend recommended Monaco. I was happy with the result.
Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.
The bill? Surprisingly reasonable, less than expected.
Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
If you’ve been injured in a road accident, plenty of lawyers can help you access basic CTP insurance benefits. But at Monaco, we aim much higher. Our Gold Coast car accident lawyers use strategic legal approaches and expert medical evidence to secure the maximum compensation available for your situation.
When you work with our team, here’s what you can expect:
A thorough assessment of your claim with straightforward, practical advice.
Medical evidence from our independent experts to support your case.
Strong representation that challenges the insurer’s arguments and protects your best interests.
Careful preparation of your case to make sure it meets all legal requirements.
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Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
