Car Accident in QLD: Step-by-Step Guide to What Happens Next
Navigating what to do after a car accident is confusing and unsettling. This guide covers everything you need to know in the correct order, from when you first stop your car through to lodging your formal compensation claim. It also includes the steps most people overlook and the mistakes that will make life difficult down the track.
Phase 1: At the Scene
Steps 1 to 5: Immediate Actions After the Accident
Your first priority is safety. After that, there are a few critical tasks to perform in the right order to protect both your health and your legal interests. Most of the critical groundwork for any future claim is laid in the minutes following the accident.
1. Check for injuries and call 000 if necessary: Assess yourself and anyone else involved. Do not assume that because you can walk around you are uninjured. Adrenaline masks pain. If anyone appears seriously hurt, is unconscious, or you are not sure, call 000 immediately. Ambulance, fire, and police can all be requested through the one number.
2. Stay at the scene: You must remain at the scene. Under the Transport Operations (Road Use Management) Act 1995 (QLD), leaving an accident scene where someone has been injured is a serious offence. Move your vehicle only if it is safe to do so and you are blocking traffic. Turn on hazard lights. If it is dark, use your phone torch or warning triangles if you have them.3.
3. Report to police if required: In Queensland you must report an accident to police if anyone is injured, a driver refuses to provide their details, a vehicle cannot be moved safely, public property is damaged, or the other driver appears to be under the influence of alcohol or drugs. If police do not attend the scene, you can report online through the Queensland Police Service (QPS) portal or by attending a police station in person.
A police report number is useful documentation for both your personal injury and property damage claims. Request one even if you are unsure whether you will need it.
4. Exchange information with other drivers: You are legally required to exchange your name, address, and vehicle registration number with all other drivers involved. Get the same from them. Collect their insurance details if they have them. If there are witnesses, ask for their names and contact numbers.If another driver refuses to provide their details, note their registration and physical description and report this to police immediately. Do not assume the information they give you is correct. Record the registration number of every vehicle involved regardless.Document everything you can:
If it is safe, photograph everything. All vehicles involved, damage to each, number plates, skid marks, road conditions, traffic signals, any road hazards, and the broader scene. Note the time, date, location, weather, and your recollection of exactly what happened. Write this down while it is fresh, even just as voice notes on your phone.
Evidence from the scene is difficult to recreate later. Photos and contemporaneous notes are routinely used in disputes about fault and the circumstances of an accident.
DO NOT ADMIT FAULT AT THE SCENE
Do not apologise, accept responsibility, or make any statement about what you think caused the accident. This applies even if you believe you were at fault. Fault in road accidents is a legal determination. What you say at the scene can be used against you. Keep communication factual: exchange details, check on welfare, and let the investigation determine what happened.
Phase 2: In the Hours and Days After
Steps 6 to 8: Medical Care, Reporting, and Your Car Insurer
6. Seek medical attention, even if you feel fine: See a doctor as soon as possible after the accident, ideally the same day or the next morning. Whiplash, soft tissue injuries, and psychological injuries often do not present symptoms for 24 to 72 hours. Spinal injuries can develop over days. Internal injuries can be present without immediate pain.
Tell the doctor specifically that you were in a car accident. Make sure the connection between the accident and your symptoms is documented. Keep every receipt, referral, and diagnosis. These records forms the foundation of any personal injury claim you make later.
7. Report to police (if not done at the scene): If police did not attend the accident and you are required to report, do this promptly. You can report online through the QPS online portal, or in person at a police station. Keep the report reference number. Your personal injury claim does not legally require a police report, but it is useful supporting documentation, particularly in disputes about fault.
8. Notify your car insurer about property damage: Contact your comprehensive car insurer to report the damage to your vehicle. This is a separate claim from any personal injury claim and goes through your own car insurer rather than through CTP. Most insurers require notification within a specific timeframe, so check your policy and report promptly.
Your car insurer deals with the property damage. CTP insurance deals with bodily injury. They are separate products, separate processes, and separate claims.
INJURIES THAT DEVELOP SLOWLY
Many people feel shaken but not seriously hurt immediately after an accident. Days later the picture changes. Whiplash, muscle damage, nerve pain, and anxiety or PTSD from the accident can all emerge or worsen over the following weeks. Continue seeing your doctor as your condition evolves. Updated medical records that track the progression of your injury are important for any claim.
Phase 3: The Compensation Claim
Steps 9 to 12: Making a CTP Personal Injury Claim
If you have been injured in the accident, your personal injury claim goes through Queensland’s compulsory third party (CTP) insurance scheme. This is separate from your car insurance. Here is how the formal claim process works.
WHAT CTP COVERS
CTP is bodily injury insurance that covers people injured in Queensland road accidents. It is attached to vehicle registration, so every registered vehicle has it. The claim goes to the CTP insurer of the vehicle that caused the accident, not your own insurer. CTP covers medical expenses, lost income, rehabilitation costs, and for serious injuries, pain and suffering and long-term economic loss.
9. Identify the correct CTP insurer: Your claim goes to the CTP insurer of the at-fault vehicle. You can identify which insurer covers any registered Queensland vehicle using the MAIC lookup tool on the Motor Accident Insurance Commission (MAIC) website. You will need the registration number of the at-fault vehicle.
If the at-fault vehicle cannot be identified (such as in a hit and run), or was unregistered, the process goes through the Nominal Defendant, administered by MAIC. Time limits in these situations are especially strict: contact MAIC as soon as possible.
10. Lodge a Notice of Accident Claim (NOAC): The formal personal injury claim starts by lodging a Notice of Accident Claim Form (NOAC) with the relevant CTP insurer. This form sets out the circumstances of the accident, your injuries, and your initial medical information. It is the document that officially opens your claim.
The NOAC must be lodged within nine months of the accident, or within one month of first consulting a lawyer, whichever is earlier. For Nominal Defendant claims involving unidentified vehicles, shorter time limits apply. Lodge as early as you can. Earlier is always better.
If you consult a lawyer before lodging the NOAC, the one-month rule from the date of first consultation applies. This is why it is important to understand the time limits before you seek legal advice, not after.
11. Liability Response: Once your formal claim is lodged, the CTP insurer must make a decision regarding who was at fault for the accident. This is known as a liability response. The insurer will review the evidence, including police reports, witness statements, and the circumstances of the crash, to decide whether they accept full responsibility, partial responsibility (contributory negligence), or if they deny the claim entirely.
The insurer has a strict statutory timeframe of six months from the date they receive your compliant NOAC to formally respond with their liability decision. In straight forward claims, the liability response is usually provided within a few weeks.
Even if liability is denied, or partially denied, that is not the end of things. The decision can be challenged, all the way up to Court if necessary.
12. Negotiate settlement or proceed through the pre-court process: Your lawyer and the insurer will then gather evidence about your injuries to assist to determine how much your claim is worth. This typically involves exchange of medical evidence, independent medical examinations (IMEs), examination of employment and earnings, and negotiation between the parties.
Before court proceedings can be commenced, Queensland law requires the parties to go through a pre-court process, which includes a compulsory conference, where a significant proportion of claims resolve. If the parties cannot reach a settlement, court proceedings can be commenced.
Make an Enquiry
If you have questions about your legal rights in relation to an injury, you can contact our office for further information. Visit our contact page here.
Time Limits
| Action | Time Limits |
|---|---|
| Lodge NOAC with CTP insurer | Within 9 months of the accident, or 1 month of first consulting a lawyer (whichever is earlier) |
| Notify MAIC for Nominal Defendant (hit and run / unregistered vehicle) | As soon as practicable. Hard limits apply. Contact MAIC immediately in these situations. 3 months to file a NOAC without a reasonable excuse, and 9 months hard time limit. |
| Commence court proceedings | 3 years from the date of the accident (standard limitation period), subject to completing the pre-court process. |
| Claims by children or people under a legal disability | Special rules apply. The limitation period generally runs from when the person turns 18. Get specific advice. |
| Fatal accident dependency claims | 3 years from the date of death. Specific rules apply. Get advice promptly. |
Other Compensation Pathways to Consider
A CTP claim is not the only avenue available after a road accident. Depending on your situation, one or more of the following may also apply.
WorkCover Claim
If you were injured driving as part of your job, travelling between two work locations, or on a journey that is treated as part of your work under the Act, a WorkCover claim may run alongside your CTP claim. WorkCover can cover lost income from the date of injury without waiting for the CTP process to resolve. The two claims operate in parallel and need to be managed together.
TPD and Super Insurance
If your injuries mean you cannot return to work permanently, you may have a total and permanent disability (TPD) claim through your superannuation fund. This is separate from both CTP and WorkCover and is not regulated by PIPA, meaning it can be pursued directly. Check your super fund’s insurance schedule.
Income Protection Insurance
If you hold income protection insurance as part of your superannuation or as a separate policy, it may provide monthly income replacement while you recover, without needing to wait for a CTP settlement. Check your policy wording for waiting periods and benefit periods.
Property Damage (Your Car Insurer)
Damage to your vehicle goes through your comprehensive car insurer, not through CTP. If you are not at fault and the other driver has property damage cover, a claim can be made against them through your insurer. This process runs entirely separately from any personal injury claim.
Common Mistakes That Complicate Claims
| Mistake | Why It Matters |
|---|---|
| Admitting fault at the scene | Fault is a legal determination. Statements made at the scene can be used against you. Keep communication factual. |
| Not seeing a doctor immediately | Delays in treatment create gaps in the medical record that insurers use to argue your injuries were not caused by the accident. |
| Not documenting the scene | Evidence from the scene cannot be recreated. Photos and contemporaneous notes resolve disputes about what happened. |
| Waiting too long to lodge the NOAC | The 9-month deadline is firm. Missing it can extinguish your entitlement entirely. Lodge as early as possible. |
| Posting about the accident on social media | Social media posts, including photos and comments, are regularly used as evidence by insurers in CTP disputes. A Queensland court has already considered this issue directly. Avoid posting anything about the accident or your recovery. |
| Settling before the full extent of injury is clear | Settlements are generally final. If your condition worsens after you settle, you cannot reopen the claim. Get medical advice on prognosis before accepting any settlement offer. Get legal advice about the value of your claim before you settle. |
SOCIAL MEDIA AND YOUR CTP CLAIM
A Queensland court has specifically considered how social media activity affects CTP claims (see Clements v Margalit). Photos showing you physically active, posts describing your daily activities, or comments about your recovery can all be used as evidence that your injuries are less serious than claimed. The safest approach is not to post anything about the accident or your injuries while a claim is running.
Yes. This is very common, particularly with whiplash and soft tissue injuries. Symptoms from car accidents routinely appear or worsen in the days after the accident. See a doctor now and tell them about the accident. The fact that you did not report injuries immediately will be noted by the insurer, but it does not prevent a claim. The time limit for lodging your formal claim runs from the date of the accident, not the date your symptoms appeared.
Not necessarily. Fault in road accidents is determined through investigation, not through what either driver says at the scene. Queensland law allows for contributory negligence, meaning fault can be split between parties. If you were partly at fault, your compensation is reduced proportionally, but it is not eliminated. The insurer will conduct its own liability investigation using available evidence including police reports, witness statements, and physical evidence from the scene.
Contact MAIC as soon as possible. When the at-fault vehicle cannot be identified, the claim goes through the Nominal Defendant, which is a scheme administered by MAIC as insurer of last resort. Time limits for Nominal Defendant claims are strict. You will need to show that you made reasonable efforts to identify the vehicle and the driver. Report the incident to police and document everything you can about the vehicle you saw.
As a passenger you are covered under the CTP scheme, even if the vehicle you were travelling in caused the accident. Your claim would go to the CTP insurer of the at-fault vehicle. There can be complications if there are questions about how the fault is apportioned between multiple vehicles, but being a passenger does not by itself prevent a claim. Passengers are generally in a straightforward position under the scheme.
It may mean you have access to both a CTP claim and a WorkCover claim running in parallel. If you were driving in the course of your employment at the time of the accident, WorkCover can cover your time off work from the date of the injury without needing to wait for the CTP process to resolve. The two claims operate together and affect each other in specific ways, particularly when it comes to how compensation amounts are calculated. Getting advice early in this situation is important.
It depends entirely on the nature and severity of the injury. Minor injury claims with can be resolved in a matter of weeks or months. Serious injury claims that go through a liability investigation, medical assessments, and a compulsory conference typically take one to twoyears to resolve. More complex matters, or those that proceed to court, take longer. The right time to settle is when the full extent of your injury and its long-term impact are known, not necessarily when the insurer first makes an offer.
Questions about a car accident in QLD?
Our firm practises exclusively in personal injury law, including motor vehicle accident and CTP matters across Queensland. If you would like information about how the law applies to your situation, contact our office. Initial consultations are free and without obligation.
