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If you’ve been injured in a car accident, you might be feeling overwhelmed, confused, and unsure of your next steps. That’s why we’ve created this clear and practical guide to car accident claims in Brisbane.
Our experienced lawyers explain exactly what to do after a crash, what injuries you can claim for, how to file a claim, and how much compensation you could receive.
Prefer to speak with someone directly? Our Brisbane car accident lawyers are here to help. Get in touch anytime for free, personalised advice on your claim.
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Find out if you’re eligible for a car accident claim in Brisbane today.
If you’ve been injured on the road in Brisbane, you may be entitled to compensation. While they’re often called ‘car accident claims’, you can actually claim for any injury caused by a motor vehicle.
You may also be eligible for a road accident claim if:
You’re the parent of a child injured in a road accident.
You witnessed a fatal crash and developed a recognised psychological illness.
You lost a family member in a car accident.
This isn’t a complete list. If you’ve been injured on the road, it’s worth speaking to a lawyer to find out if you qualify for compensation. Our expert car injury lawyers in Brisbane will assess your situation and explain your legal rights, free of charge.
How to find a car accident lawyer: Brisbane & QLD
With three offices across Queensland — including a conveniently located Brisbane CBD office — expert help is always close by. Use the map below to find your nearest Monaco Solicitors location.
Prefer to stay at home? We offer phone and video consultations for all car accident claims. And if you can’t travel, our experienced lawyers can come to you.
Retrieving locations...
How much car accident compensation can I get?
If you’ve been injured in a car accident in Queensland, you may be entitled to compensation through a Compulsory Third Party (CTP) claim. CTP insurance covers a range of losses, including medical costs, lost income, and care expenses — but only if someone else was at fault for the accident.
The only exception is for catastrophic, permanent injuries — in these cases, you may be eligible for compensation through the National Injury Insurance Scheme Queensland (NIISQ), even if you were at fault for the accident.
Below, we break down how much compensation you can expect from a CTP claim in Brisbane. We’ll also explain how to make a NIISQ claim if you’ve suffered a life-changing injury.
What can a CTP claim cover?
A successful CTP car accident claim in Brisbane may cover:
Lost income: including both past and future earnings, plus superannuation.
Medical expenses: hospital stays, specialist treatment, physiotherapy, and rehab.
Care and support: compensation for professional care or help from family and friends, including if you can no longer care for someone who depends on you.
Home and vehicle modifications: if your injury requires changes to your living space or transport.
Non-economic loss (pain and suffering): for the emotional, mental, and lifestyle impacts of your injuries.
Unlike lost wages, medical bills, and all your other ‘economic’ losses, pain and suffering doesn’t have a strict dollar value. That means you could receive a substantial lump sum payout.
To receive compensation for pain and suffering, your injuries must be considered ‘serious’ under Queensland law. This is determined by an Injury Scale Value (ISV) — a medical assessment that rates your injury on a scale from 0 to 100.
An ISV of 0 means the injury is too minor to qualify for non-economic loss compensation. In contrast, an ISV of 100 reflects the most severe injuries, such as quadriplegia or severe brain damage.
Your ISV assessment considers factors like:
The physical and psychological effects of your injury.
How long you’ll need care and treatment.
Whether you’ve suffered multiple injuries.
Any mental health conditions that have developed, such as PTSD or depression.
How is pain and suffering compensation calculated?
Your pain and suffering compensation is calculated using your ISV, a ‘base amount’ and a ‘variable amount’.
To show you how this works, let’s say you suffer a fractured collarbone that continues to cause pain. After your assessment, you’re given an ISV of 14. This means your payout would be calculated like this:
Base amount: $20,200.
Variable amount: (Your ISV – 10) × $2,560.
Total non-economic loss payout: $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.
Check the table below to see how much non-economic loss compensation you can expect for a car accident in Brisbane:
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
The exact amount of car accident compensation you’ll receive depends on your injuries, ISV rating, financial losses, and how the accident has impacted your life. If you’re unsure how much your claim might be worth, our Brisbane car accident lawyers can walk you through your entitlements — free of charge.
What compensation can I claim through the NIISQ if I’m at fault?
NIISQ is a no-fault scheme that provides lifetime treatment, care, and support for people who sustain serious, permanent injuries in motor vehicle accidents in Queensland, regardless of who caused the crash. This means if you’re injured in an at-fault car accident, you may still be eligible for compensation.
Injuries that may qualify under the NIISQ scheme include:
Spinal cord injuries.
Traumatic brain injuries.
Multiple amputations.
Severe burns.
Permanent blindness.
Severe orthopaedic injuries (e.g. complex fractures resulting in permanent disability).
A successful claim offers lifelong treatment, care and support benefits to assist with managing your injury. This includes:
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.
While NIISQ provides care and support, it doesn’t offer lump sum compensation for pain and suffering like a standard CTP claim.
If you’ve been severely injured in an at-fault accident, speak to a lawyer as soon as possible. Our experienced Brisbane car accident lawyers understand the NIISQ scheme inside and out. We’ll assess whether your injuries meet the criteria for a catastrophic injury and ensure you access every benefit available. No matter how the accident happened, we’ll fight to secure the lifetime assistance you’re entitled to.
How to make a car accident claim in Brisbane
Every car accident claim is unique, but yours will likely go through similar steps to these:
During your free consultation, you’ll share the details of your car accident with one of our lawyers — whether over the phone or at our Brisbane office. They’ll provide advice on your rights, what compensation you qualify for, and how long we expect your claim will take.
If you choose to go ahead with your car accident claim, that same lawyer will see it through to the end, ensuring you get consistent support.
Since Queensland car accident claims are fault-based, you’ll need to provide expert evidence proving your injuries and the other party’s liability.
Your car accident lawyer will gather this on your behalf, using our network of medical and liability experts across Queensland. We cover all the costs for these experts, so you’ll never be a cent out of pocket for your claim.
Once we’ve gathered sufficient evidence, your car accident lawyer will lodge your CTP claim with the other party’s insurer.
You’ll need to attend a mandatory pre-court mediation with the insurer. Your lawyer will handle the entire process on your behalf, making it as stress-free as possible while pushing for the best possible outcome.
In most cases, our careful preparation and decades of experience resolving car accident claims in Brisbane mean we can settle at mediation. But if the insurer refuses to make a fair offer, we’re fully prepared to take your case to court and fight for the compensation you deserve.
Can I make a No Win No Fee car accident claim?
Yes, you absolutely can. We’re proud to offer an industry-best No Win No Fee guarantee on all car accident claims in Brisbane. This means we cover every upfront cost, and you won’t pay a cent unless we win your claim.
Here’s how we differ from other law firms:
No upfront costs: we cover every upfront cost for your claim, so you’ll never be out of pocket.
Genuinely ‘No Win No Fee’: many ‘No Win No Fee’ law firms only cover their own legal fees, leaving you to pay the cost of expert reports, admin, and court costs if your claim fails. Only our guarantee covers every cost related to your claim.
Lower legal fees: if your claim is successful, our fees are capped at 30% of your compensation, significantly lower than the 50% fees charged by many other firms. Plus, we often recover legal costs from the other party, meaning you may keep your entire payout.
Transparent fee breakdown: before we start working on your case, we provide a clear and upfront breakdown of all potential costs, so you know exactly what to expect.
Want a clearer idea of how much your car accident claim might cost? Get in touch with one of our expert Brisbane car accident lawyers today.
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
Seek medical attention: even if you feel okay, get checked by a doctor as soon as possible. Some injuries take time to show symptoms, and medical records are crucial for any future claim.
Talk to witnesses: if anyone saw the crash, get their name and contact details. Witness statements can help prove what happened.
Take photos: use your phone to photograph the scene, damage to all vehicles, skid marks, traffic signs, and any visible injuries.
Report the accident: file a police report within 24 hours. In Queensland, this can usually be done online or at a local station.
Contact a Brisbane car accident lawyer: get in touch with one of our expert crash lawyers in Brisbane. They’ll explain your rights, help you understand the claims process, and ensure you don’t miss any entitlements.
With over 25 years of experience helping people injured in road accidents, we’ve seen just about every type of injury, from minor whiplash to life-changing trauma.
Some of the most common injuries you may be able to claim compensation for include:
These are just a few examples of potential car accident claims. If you’ve been injured — even if it seems minor — it’s always worth speaking with a specialist road accident lawyer. We’ll take the time to hear your story, assess your case, and explain all your legal options.
Figuring out who’s legally responsible for a car accident is one of the most important steps in making a successful compensation claim. In Brisbane (and across Queensland), the at-fault driver’s CTP insurer is usually the one who pays your compensation, so correctly identifying the responsible party is critical.
Depending on the circumstances of your crash, there may be more than one driver or party at fault. For example, a rideshare driver, a trucking company, a local council (for unsafe road conditions), or a negligent passenger may share some of the blame.
Not sure who’s at fault? You can get an initial idea by considering how the accident happened. Were you rear-ended? Did someone run a red light or fail to give way? Traffic laws, dashcam footage, witness statements, and police reports can all help clarify liability.
It’s also important to know that even if you were partly at fault, you may still be entitled to compensation under Queensland’s contributory negligence laws. This means your compensation could be reduced to reflect your share of responsibility.
If you’re unsure about who was at fault, get in touch with an expert Brisbane car accident lawyer. We can investigate the accident, gather evidence, and build a strong case that proves fault (or shared liability) so you get the compensation you deserve.
Check out the table below for some common car accident scenarios and who’s typically 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 played a part in causing your injuries, the value of your car accident claim may be reduced. This is called ‘contributory negligence.’ While it doesn’t necessarily prevent you from claiming compensation, it can lower the amount you receive depending on how much your behaviour contributed to the accident.
Common examples of contributory negligence include:
Not wearing a seatbelt or allowing passengers to go without one.
Riding a bicycle or motorbike without a helmet.
Travelling in an unsafe or unsecured position, like in the back of a van.
Driving or riding under the influence of alcohol or drugs, or being a passenger in a vehicle you knew was driven by someone intoxicated.
Using a mobile phone illegally while driving, such as texting.
If you think the insurer might claim contributory negligence to reduce your payout, it’s crucial to speak with an expert car accident claims lawyer in Brisbane. We know how to challenge these arguments and will gather strong evidence to protect your claim.
Strict time limits apply to all car accident claims in Brisbane and across Queensland. Typically, you must start your claim within three years of the accident.
If you’ve missed this deadline, don’t worry — there may still be options. Our experienced car accident solicitors in Brisbane understand Queensland’s specific time limit exceptions and can help you apply for an extension.
We’ve successfully guided many clients through deadline challenges to secure the compensation they deserve. Let us help you explore your options and navigate the claims process.
In Brisbane, car accident compensation claims usually take around 12 to 18 months to resolve, though timelines can vary based on your case. Factors like the severity of your injury, the extent of your treatment, and whether your condition has ‘stabilised’ all influence the process.
In this context, ‘stabilised’ means your injury is unlikely to improve or worsen with further treatment or time. It’s important to wait until your injuries have stabilised before accepting any settlement offers to ensure you receive the full compensation you deserve.
If you want a clearer idea of how long your claim might take, contact us today. Our lawyers will review your situation, explain your rights, and provide a free estimate on your claim timeline.
Yes, you can still claim compensation if the at-fault driver is unregistered.
In Queensland, if the driver who caused the accident does not have a valid registration or insurance, you can lodge a claim through the ‘Nominal Defendant’. This is a government scheme that provides compensation for people injured by uninsured or unregistered drivers, ensuring you’re not left without support.
If you’ve been hit by an unregistered driver, it’s essential to speak with a lawyer before filing a claim. Nominal Defendant claims work differently from other types of car accident claims, and without expert guidance, you may not get the full compensation you’re entitled to.
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 on the road, many lawyers can help you claim basic CTP insurance compensation. But at Monaco, we do more than just the basics. Our leading Brisbane car accident lawyers combine strategic legal approaches with expert medical evidence to ensure you receive the maximum compensation for your injury.
When you choose our car accident lawyers, you can expect us to:
Provide a thorough assessment of your claim with clear, expert advice.
Support your case with evidence from our national network of experts.
Challenge all evidence presented by the insurer to protect your interests.
Carefully prepare your case to meet all deadlines and legal requirements.
Injured bicyclist Robert wins maximum compensation after car collision
After Robert's bike was struck by a motor vehicle, we leveraged our expertise to secure a substantial payout that covered his future lost income and pain and...
Tina gets substantial compensation after car crash, despite pre-existing injuries
When Tina’s car was rear-ended, she collided with the vehicle in front, leaving her with significant neck, shoulder, and lower back injuries. She required medical treatment and...
Additional $300k secured for injured woman’s pain and suffering
A serious car accident left Angela with multiple injuries and ongoing pain. She eventually returned to her job but could not work in her previous capacity. This...
Steve won extra compensation by making 2 claims for his bike accident injury
A car collided with Steve’s bike as he rode home from work. Despite extensive surgery, Steve lost much of his bodily function. His physical disabilities meant he...
Speedboat driver who failed to provide safety instructions held liable for our client’s injuries
A speedboat accident left our client seriously injured and unable to care for herself. Using our extensive network of experts, our dedicated motor accident lawyers proved the...
Road accident victim receives lost income compensation
Vera was involved in a motorcycle accident on her way to work. The injuries impacted her ability to do her pre-injury job. We used expert medical evidence...
Cyclist riding without a light still gets full compensation
Jasper was injured and unable to work after a car collided with his bike. The insurer tried to argue that Jasper was partially responsible for his injuries....
After leaving her first lawyer, Anastasia finally got justice for her debilitating car accident injuries
Anastasia seriously injured her neck and lower back when a vehicle crashed into her car. She was rushed to surgery. Though this improved her physical condition, Anastasia...
Car accident victim wins settlement after losing her job
Valerie was violently T-boned at a roundabout and required two neck surgeries. The ongoing pain made returning to her job as a machine operator impossible. Valerie's insurer...
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.
