Seeing a lawyer starts a one-month clock
A Notice of Accident Claim Form must be given within 9 months of the accident, or within 1 month of first consulting a lawyer about the claim — whichever comes first.
That second limb surprises people. If you saw a lawyer two months after the accident, your notice was due at three months, not nine. It is a reason to get advice early, not late.
The deadlines
- Notice: 9 months, or 1 month after seeing a lawyer
- Unidentified vehicle (hit and run): 3 months
- Court proceedings: 3 years from the accident
- Children: 3 years generally runs from age 18
- Late notice needs a reasonable explanation
- Police report should be made promptly
Missing the notice period does not automatically end a claim — a reasonable explanation for the delay can preserve it — but it narrows your options and gives the insurer an argument it would not otherwise have.
Who can claim
Far more people are entitled to claim than realise it. You do not have to have been driving.
- Drivers injured by another driver's fault
- Passengers — including in the at-fault car
- Motorcyclists and pillion passengers
- Cyclists struck by a vehicle
- Pedestrians
- Dependants, where someone has died
Passengers are the group most often unaware of their rights. If you were a passenger, you are almost always entitled to claim — including where the driver at fault was your partner, your parent or your friend. The claim is against their insurer, not against them personally, and it does not come out of their pocket.
The claim is against an insurer, not a person
Every registered Queensland vehicle carries compulsory third party insurance. A claim is made against the CTP insurer of the at-fault vehicle under the Motor Accident Insurance Act 1994 (Qld). You do not sue the other driver personally, and their premium is not affected by your recovery.
Fault does have to be established, at least in part. Queensland applies contributory negligence, which reduces compensation in proportion to your share of responsibility rather than removing the entitlement. Not wearing a seatbelt, or riding with a driver you knew had been drinking, may reduce an award without defeating the claim.
Hit and run, or an unregistered vehicle
The Nominal Defendant — and a 3-month deadline
Where the vehicle cannot be identified, or was unregistered or uninsured, the claim goes to the Nominal Defendant instead of an insurer. If the vehicle cannot be identified, the notice period drops from nine months to 3 months.
You are also expected to have made proper enquiry to identify the vehicle — reporting to police, seeking witnesses, checking for CCTV or dashcam footage nearby. A claim can fail because reasonable steps were not taken early. If someone drove off, treat it as urgent from day one.
How a claim runs
What you can claim
- Pain and suffering, assessed by ISV scale
- Past economic loss
- Future loss of earning capacity
- Past and future medical and rehabilitation
- Past and future care and assistance
- Superannuation on lost earnings
- Travel and pharmaceutical costs
- Interest, where allowed
General damages for pain and suffering are calculated using an Injury Scale Value from 0 to 100 under the Civil Liability Regulation, not assessed at large. In most claims the larger component is economic loss — what the injury has done to your capacity to earn — which is why evidence about your work history and future prospects matters as much as the medical reports.
What it costs
We act on a no win, no fee basis for most motor accident claims. Our professional fees are not payable if the claim is unsuccessful. Disbursements such as medical reports still arise, and we will explain how those are handled before we start.
- No win, no fee available
- Written agreement before work starts
- Regulated limits on legal costs apply
- Medicare and Centrelink refunds settled at the end
- You know the net figure before accepting
- Costs agreed with you before we start
Frequently asked questions
A Notice of Accident Claim Form must be given within 9 months of the accident, or within 1 month of first consulting a lawyer about the claim, whichever comes first. Court proceedings must generally be started within 3 years. If the vehicle cannot be identified, notice to the Nominal Defendant is required within 3 months.
Almost always, including where you were a passenger in the vehicle at fault, and including where the driver was your partner, parent or friend. The claim is made against that vehicle's CTP insurer rather than against the driver personally, and it is not paid out of their pocket.
The claim goes to the Nominal Defendant instead of an insurer, and the notice period drops to 3 months. You are also expected to have made proper enquiry to identify the vehicle — reporting to police, seeking witnesses, checking for CCTV or dashcam footage. Act immediately.
Often yes. Queensland applies contributory negligence, which reduces compensation in proportion to your share of responsibility rather than removing the entitlement altogether. Not wearing a seatbelt, for example, may reduce an award without defeating the claim.
No. The claim is against the CTP insurer of the at-fault vehicle, and compulsory third party insurance exists precisely to meet these claims. This is why passengers should not feel they are claiming against a friend or family member personally.
Using an Injury Scale Value from 0 to 100 under the Civil Liability Regulation, with a prescribed dollar figure for each point. In most claims the larger component is economic loss — the effect on your capacity to earn — rather than the pain and suffering figure.
Usually not. Queensland's pre-court procedures require a compulsory conference with mandatory final offers, and the large majority of claims resolve at or around that stage without a hearing.
More information
If you have been injured whilst driving or travelling in a car or as a result of having been hit by a car whilst cycling or walking on the road, you may be entitled to make a claim for compensation.
Road accident injury lawyers Rockhampton
We offer a “no win, no fee” arrangement in most claims, which means our professional fees are not payable if your claim is unsuccessful. Disbursements such as medical reports may still arise, and we explain in writing how they are handled before we start.
Our fees are set out in a written costs agreement before we start, and regulated limits on legal costs apply.
If you would like to discuss your case with one of our compensation lawyers Rockhampton, contact South Geldard Lawyers now to arrange a consultation.
We can also assist with
- Public place injury compensation claims
- Work related injury compensation claims
- Property damage compensation claims
Personal Injury
- Personal Injury
- Car and Road Injury Compensation Claims
- Public Place Injury Compensation Claims
- Work Related Injury Compensation Claims
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.