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Your guide to car accident claims on the Sunshine Coast

A car accident can leave you feeling shaken, confused, and unsure of what to do next. That’s why we’ve put together this straightforward guide to making a car accident claim on the Sunshine Coast.

Our experienced lawyers explain each step clearly: from what to do immediately after the crash, to how to lodge your claim and what compensation you could receive.

Prefer to speak to someone directly? Our Sunshine Coast car accident lawyers are available for a free consultation to help you understand your options and protect your rights.

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Am I eligible for a car accident claim?

If you’re injured on the road, you may be eligible for compensation through a car accident claim. Although we use the term ‘car accident’, you can actually claim for any accident involving a motor vehicle.

Our expert Sunshine Coast lawyers can help with claims involving:

You might also be entitled to car accident compensation if:

  • Your child was injured in a road accident.
  • You witnessed a fatal crash and developed a psychological injury as a result.
  • You lost a family member due to a car accident.

This isn’t a complete list, so you may still have a valid claim even if your situation doesn’t appear here. Our car accident lawyers on the Sunshine Coast will assess your situation and explain your rights in plain English.

How to find a car accident lawyer: Sunshine Coast & QLD

With three offices throughout Queensland — including a convenient Sunshine Coast location in Kawana Waters — getting expert legal advice is easy. Check the map below to find your closest Monaco Solicitors office.

Can’t make it in person? We offer phone and video appointments for all car accident claims. If your injuries prevent you from travelling, one of our experienced Sunshine Coast car accident lawyers can come to you.

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How much car accident compensation can I get?

If you’ve been injured in a motor vehicle accident in Queensland, you may be eligible for compensation through the Compulsory Third Party (CTP) insurance scheme. This covers expenses like medical treatment, lost earnings, and care services — but only if someone else caused the accident.

There is one major exception to this rule: if your injuries are severe and permanent, you may qualify for ongoing support through the National Injury Insurance Scheme Queensland (NIISQ), even if you were the one at fault.

Below, we explain the types of compensation available through a CTP claim on the Sunshine Coast. We’ll also cover how the NIISQ scheme works for those with life-altering injuries.

What can a CTP claim cover on the Sunshine Coast?

If your car accident compensation claim succeeds, you could be eligible to receive payments for:

  • Income loss: covering both wages you've already lost and your projected future earnings, including super contributions.
  • Medical expenses: this includes hospital stays, GP consultations, specialists, physiotherapy, and ongoing rehab needs.
  • Care and support: whether from a professional carer or loved ones. You may also be entitled to compensation if you’re now unable to care for someone who relies on you.
  • Home and car modifications: if your injuries require modifications to your home or car for accessibility.
  • Non-economic loss (pain and suffering): compensation for the emotional and psychological toll of your injury and how it affects your daily life.

To receive pain and suffering damages in Queensland, your injuries need to be considered ‘serious’ under the Injury Scale Value (ISV) system. This involves having your injury assessed and given a score between 0 and 100.

A score of 0 means the injury is too minor for non-economic compensation. At the other end of the scale, an ISV of 100 applies to the most serious injuries, such as quadriplegia or major brain injury.

When assessing your ISV, the medical expert will look at several factors, including:

  • How the injury has affected you physically and emotionally.
  • The length and complexity of your treatment and care.
  • Whether you suffered multiple injuries from the same crash.
  • If you’ve developed psychological conditions due to your injury, like PTSD, depression or anxiety.

How is pain and suffering compensation calculated?

In Queensland, pain and suffering is calculated using a formula based on your Injury Scale Value (ISV), along with a ‘fixed base amount’ and a ‘variable amount’. This system helps assign a financial value to the emotional and lifestyle impacts of your injuries.

Example: pain and suffering payout for a car accident

Let’s say you break your collarbone in a road accident and experience long-term discomfort. After a medical evaluation, you receive an ISV rating of 14. The compensation would be calculated like this:

  • Base amount: $20,200.
  • Variable amount: (Your ISV – 10) × $2,560.
  • Total: $20,200 + (4 × $2,560) = $30,440.

It’s important to note that these figures are indexed annually, meaning they rise over time with inflation.

Queensland also has a cap on pain and suffering compensation. As of 1 July 2024, the highest possible payout for non-economic loss is $456,950.

You can use the table below to get a rough idea of how much pain and suffering compensation you may be entitled to:

ISVAverage 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 car accident compensation. Your total payout also includes lost income, medical bills, home support and any other type of compensation you qualify for. In many cases, you might actually receive more for future lost earnings or ongoing medical needs, especially if you had a higher income or your injuries are serious.

The exact amount you get will depend on your unique circumstances, including your ISV score, how the accident impacts your daily life, and your overall financial losses.

Not sure where you stand? Our Sunshine Coast car accident lawyers offer free claim reviews and can walk you through what your potential payout might look like.

What compensation can I claim through the NIISQ if I’m at fault?

The National Injury Insurance Scheme Queensland (NIISQ) is a no-fault program designed to assist people who sustain serious, life-altering injuries in motor vehicle accidents — even if they were responsible for the crash. If your injuries are deemed catastrophic, you may be eligible for lifelong, tailored support through the scheme.

Injuries covered by the NIISQ

To qualify, your injury must fall under NIISQ’s definition of a catastrophic injury. This may include:

  • Spinal cord injuries.
  • Traumatic brain injuries.
  • Multiple amputations.
  • Severe burns.
  • Permanent blindness.
  • Severe orthopaedic injuries.

Unlike standard CTP claims, NIISQ does not offer lump sum payouts for pain and suffering. Instead, it focuses on providing long-term care services to improve your independence and quality of life. These supports can include:

  • Medical treatment and hospital care.
  • Rehabilitation and ongoing therapy.
  • Mobility aids such as wheelchairs or prosthetic limbs.
  • Modifications to your home or car.
  • Personal care and in-home assistance.
  • Employment support if you can return to work.

Qualifying for NIISQ can be complex, especially when it comes to proving your injury meets the ‘catastrophic’ threshold. Our experienced Sunshine Coast car accident lawyers understand the scheme inside and out and can help you gather the right evidence to prove your claim.

How to make a car accident claim on the Sunshine Coast

Each car accident claim on the Sunshine Coast is slightly different, but your case will look something like this:

When you call us for a free consultation, you’ll speak directly with one of our experienced Sunshine Coast car accident lawyers. This is your chance to walk us through what happened, describe your injuries, and explain how the accident has impacted your day-to-day life.

We’ll then clearly outline your legal options and what types of compensation you could be entitled to.

If you choose to move forward, that same lawyer will manage your case from beginning to end, providing consistent, personalised support throughout the entire claims process.

Because car accident claims in Queensland are fault-based, you must provide clear evidence of both your injuries and who was responsible for the crash.

Your lawyer will manage this process for you, working with our trusted network of medical professionals and liability experts across Queensland. We also cover all associated expert costs upfront, meaning you won’t have to pay anything out of pocket.

Once all the required evidence is gathered, your car accident lawyer will lodge your CTP claim with the insurer of the at-fault driver.

You’ll need to attend a mandatory pre-court mediation with the insurer. Your lawyer will oversee the entire process, making it as stress-free as possible while fighting for the best outcome.

With our careful preparation and extensive experience handling car accident claims on the Sunshine Coast, we often reach a settlement at mediation. But if the insurer refuses to make a fair offer, we’re fully prepared to take your case to court and pursue the compensation you deserve.

Can I make a No Win No Fee car accident claim?

Yes, it’s never been easier to make a No Win No Fee car accident claim on the Sunshine Coast. When you choose Monaco, you’re fully covered by our genuine No Win No Fee guarantee — so you can expect:

  • No upfront costs: we cover all expenses upfront, including reports, investigations, and expert assessments.
  • Truly No Win No Fee: unlike some firms that only waive their legal fees, we pay for all costs. That means if your claim isn’t successful, you won’t owe a cent.
  • Lower capped fees: if your claim wins, our fees are capped at 30% of your compensation, significantly less than the 50% many other firms charge. Plus, we usually recover costs from the insurer, meaning you keep more of your payout.
  • Transparent pricing: before we begin, you’ll receive a clear, written breakdown of all potential costs. No hidden fees or surprises.

Want to know how much your claim might cost? Reach out to our experienced Sunshine Coast car accident lawyers today for a free consultation.

What other claims could I have?

In addition to your Sunshine Coast car accident claim, you could be eligible for other compensation claims, such as:

If you were driving a car, truck, or other vehicle for work when the accident occurred, you may be eligible for workers compensation in Queensland.

A successful workers comp claim can include weekly income support and cover:

  • Lost wages: up to 55% of Queensland’s Ordinary Time Earnings (QOTE) while you’re unable to work. As of July 2024, QOTE is $1,844.70 per week, with annual adjustments for inflation.
  • Medical costs: including hospital care, GP visits, medication, and other treatments.
  • Rehab and counselling: access to rehabilitation services and psychological support.
  • Travel expenses: reimbursement for trips to medical appointments or therapy.

If your injuries are permanent, you might also qualify for a lump sum payment. To be eligible, your Degree of Permanent Impairment (DPI) must meet a minimum threshold.

What happens after your DPI is assessed?

Once your injuries have stabilised, WorkCover Queensland will arrange for a DPI assessment. Based on the results, you may be offered a lump sum.

Your options depend on your DPI rating:

  • If your DPI is below 20%, you must choose either the lump sum offer or a common law damages claim (not both).
  • If your DPI is 20% or higher, you can accept the lump sum and still pursue a common law claim for additional compensation.

If you’re unsure which path to take, our Queensland workers compensation lawyers can guide you through the process. We’ll help you understand your options, dispute an unfair DPI rating if needed, and work to maximise your payout. Reach out today for a free consultation.

If your car accident occurred while you were on the job, you may be eligible to pursue a workplace common law claim, provided you meet two key conditions:

  1. You were working at the time of the accident. This includes driving between sites, delivering equipment, or travelling for work-related duties (even some types of commuting).
  2. Your employer’s negligence played a role in the accident. This could involve failing to maintain work vehicles, not providing adequate driver training, or neglecting fatigue management policies.

If your claim is successful, you could receive a significant lump sum covering:

  • Loss of future earnings.
  • Long-term medical and treatment costs.
  • Rehabilitation and support services.
  • Pain and suffering.

Before making a common law claim, it’s important to speak with a specialist Queensland car accident lawyer. Your Degree of Permanent Impairment (DPI) will influence your legal entitlements, and a lawyer can explain which approach — statutory claim, common law, or both — is most likely to maximise your compensation.

We offer free consultations and can walk you through all your options, based on your specific situation.

You may be able to make a Total and Permanent Disability (TPD) claim if your car accident injuries prevent you from returning to your usual job — or any work that fits your background, skills, and training.

A TPD benefit is paid as a one-off lump sum, offering long-term financial support. In most cases, TPD cover is included in your superannuation by default, so you might be entitled to a substantial payout without realising 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
Nancy Kuan
Special Counsel
  • English
  • Family Provision Claims, Motor Vehicle Accidents, Public Liability
Kathryn Morcos
Solicitor
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accidents
Madeleine Jennings
Paralegal
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
Meet more of the team

Frequently asked questions

Here’s what you should do immediately after a car accident on the Sunshine Coast:

  1. Seek medical attention: even if you feel okay, visit a doctor as soon as possible. Some injuries take time to appear, and early medical records will strengthen your claim.
  2. Talk to witnesses: if anyone saw the accident, write down their names and contact info. Their statements can be crucial for proving fault.
  3. Take photos: use your phone to capture the scene, including vehicle damage, injuries, skid marks, traffic signs, and anything else that helps show what happened.
  4. Report the accident: file a police report within 24 hours. In Queensland, this can usually be done online or at a local police station.
  5. Contact a Sunshine Coast car accident lawyer: consulting a specialist early helps you understand your rights, know what compensation you may be entitled to, and avoid costly errors in your claim.

With over 25 years of experience helping road accident victims, we’ve supported clients with injuries ranging from minor sprains to severe, life-changing conditions.

You could be eligible to claim compensation for a variety of injuries, such as:

These are some of the more frequent injuries we encounter in Sunshine Coast car accident claims. Even if your injury appears minor, it’s wise to seek legal advice. Our experienced road injury lawyers will listen to your situation, evaluate your claim, and clearly explain your options — all at no cost to you.

Figuring out who is legally responsible for a car accident is crucial to securing compensation. On the Sunshine Coast and across Queensland, the insurer of the at-fault driver typically pays your compensation, making it vital to accurately determine liability.

Sometimes, more than one person or party shares fault. Depending on the details of the accident, responsibility could lie with:

  • Another driver, including rideshare or taxi drivers.
  • A vehicle owner or employer, such as a trucking company.
  • Local councils or government agencies, especially for unsafe road conditions.
  • A pedestrian or passenger whose actions contributed to the crash.

Check out the table below for typical accident scenarios and who is usually held responsible.

Accident scenarioWho's typically at fault?
You were rear-ended at a red lightDriver who hit you from behind
Someone ran a red light and hit your vehicleDriver who ran the red light
Another driver failed to give way at an intersectionDriver who failed to give way
You merged without checking blind spotYou may be at fault (or shared fault)
You were hit while legally parkedOther driver
You and another car reversed into each otherShared fault (often 50/50)
A car pulled out of a driveway and hit youDriver exiting the driveway
You were speeding and hit another carYou may share fault
You were hit as a pedestrian crossing legallyThe driver who failed to yield
Cyclist hit by a turning vehicle at a roundaboutThe turning vehicle (failing to give way)

If your actions played a role in causing the accident or worsening your injuries, your car accident compensation may be reduced. This is called ‘contributory negligence’. While it doesn’t prevent you from making a claim, the amount you receive could be lowered based on the degree of responsibility you share.

Some common examples of contributory negligence include:

  • Not wearing a seatbelt or allowing passengers to go without one.
  • Riding a motorbike or bicycle without a helmet.
  • Travelling in an unsafe or unsecured position, such as the back of a van.
  • Driving, riding, or being a passenger in a vehicle where the driver was under the influence of alcohol or drugs.
  • Using a mobile phone illegally while driving, like texting or calling.

These situations don’t automatically mean you’ll be found at fault, but insurers often try to use contributory negligence to reduce compensation payouts.

If you’re concerned that the insurer may raise contributory negligence, it’s important to speak with a Sunshine Coast car accident lawyer right away. We know how to effectively challenge these claims with strong evidence and expert legal tactics to help you secure the full compensation you deserve.

In Queensland, including the Sunshine Coast, there are strict time limits for lodging car accident compensation claims. Generally, you need to start your claim within three years from the date of the accident.

If you’ve missed this deadline, don’t worry — there may still be legal exceptions that apply. Our experienced Sunshine Coast car accident lawyers can review your situation and help determine if you’re eligible to request an extension.

If you’re unsure about your claim timeline or have missed a deadline, contact us today. We’ve assisted many clients who believed their time had run out and helped them secure the compensation they’re entitled to.

Most car accident compensation claims on the Sunshine Coast take about 12 to 18 months to resolve, though this timeline can vary based on the details of your case. Important factors include the severity of your injuries, the amount of treatment required, and whether your condition has ‘stabilised.’

Here, ‘stabilised’ means your injury is unlikely to improve or worsen with further medical treatment. It’s important to wait until your condition has stabilised before accepting any settlement offers to avoid missing out on full compensation.

For a tailored estimate of how long your claim might take, get in touch with one of our Sunshine Coast car accident lawyers. We’ll review your situation and provide a free, reliable timeline.

Yes, you can still claim compensation in Queensland even if the at-fault driver was unregistered or uninsured. In these cases, your claim is made through the government-run ‘Nominal Defendant’ scheme.

This scheme is designed to help people injured by drivers without valid registration or Compulsory Third Party (CTP) insurance, ensuring you still receive the support and compensation you’re entitled to, even when there’s no insurer involved.

Nominal Defendant claims have strict rules and deadlines, and any missing or late paperwork can lead to rejection.

That’s why it’s important to contact an experienced Sunshine Coast car accident lawyer promptly. We know the specific requirements for these claims and will support you throughout the process to help secure the best possible outcome.

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

Leon Monaco & team member

Why choose our Sunshine Coast car accident lawyers?

If you’ve been injured in a road accident, many lawyers can help you access basic CTP insurance benefits. But at Monaco, we go further. Our Sunshine Coast car accident lawyers combine strategic legal tactics with expert medical evidence to help you secure the highest possible compensation.

When you work with us, you can expect:

  • A detailed assessment of your claim with clear, practical advice.
  • Support from independent medical experts to strengthen your case.
  • Strong advocacy that challenges the insurer’s claims and safeguards your interests.
  • Thorough preparation to ensure your case meets all legal deadlines and requirements.
  • Identification of additional entitlements, such as a Total and Permanent Disability (TPD) claim.

Speak to one of our friendly lawyers

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