If you’ve been injured in a car or motor vehicle accident in Cairns or Queensland due to someone else's actions, you may be entitled to claim compensation.
The Cairns region in tropical Far North Queensland (FNQ) is home to over 170,000 residents. Each year, the city sees over 2 million domestic visitors and several hundred thousand international tourists.
The result is excessive traffic on the roads in Cairns and surrounding areas, such as Port Douglas and Atherton Tablelands, with drivers unfamiliar with the roads.
A car accident compensation claim can play a crucial role in your recovery, assisting with medical costs, lost income, and other expenses related to your injury.
- Compensation to help cover your medical bills and lost wages: Queensland's CTP insurance helps with these costs after a crash.
- Free case review: Get expert advice on your situation and whether you have a strong claim.
- No Win, No Fee, No Catch®: We handle your case with no upfront costs and zero financial risk.
Expert legal representation is crucial after a car accident injury. Request a free and no-obligation accident claims check today.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After a Road or Car Accident Injury in Cairns or Queensland
If you've been injured in a car accident on Cairns's busy roads or anywhere in Queensland, you may not be aware of your legal rights under personal injury law.
Under Queensland law, you may be entitled to claim compensation if your injuries were caused by someone else's negligence. The compulsory third party insurance (CTP) that comes with vehicle registration covers the costs of injury compensation rather than the individual at fault.
Here's a breakdown of your rights after a car accident injury:
- Right to fair compensation: If another driver's negligence or breach of duty caused your accident, you have the right to seek compensation for your medical expenses, lost income, pain and suffering, and ongoing care needs arising from the accident.
- Right to legal representation: You don't have to navigate the compensation claims process alone. An experienced motor vehicle accident lawyer can advise you of your rights, gather evidence, negotiate with insurance companies on your behalf, and ensure you receive fair compensation for your injuries.
Expert Cairns motor vehicle accident lawyers can help ensure you receive the maximum compensation available to help you recover from your injuries and move forward with your life.
The injuries resulting from these accidents range from minor to severe and include:
- Whiplash: Sudden jolts and stops can cause whiplash, especially on winding roads like those on the Atherton Tablelands. Watch for unexpected braking by tourists unfamiliar with these routes.
- Spinal cord injuries: Severe accidents on highways like the Captain Cook Highway or the Bruce Highway carry a higher risk of major impact, which can lead to tragic spinal cord injuries.
- Broken bones: The force of a crash can cause fractures, particularly off-road on popular 4WD tracks in the region. Be aware of uneven terrain and sudden changes in conditions.
- Traumatic brain injuries (TBI): Cyclists and motorcyclists are particularly vulnerable to TBI in the Cairns region.
- Internal injuries: Car accidents involving wildlife, a common hazard in Far North Queensland, can lead to internal injuries, including internal bleeding, due to sudden impact with large animals.
- Psychological trauma: The emotional impact of a car accident shouldn't be underestimated, especially for those involved in incidents on isolated stretches of road common in Far North Queensland.
In the Cairns and Port Douglas region, a combination of factors – including unfamiliar roads for international visitors, wet weather, unique wildlife hazards, plus the usual risks such as distraction, speeding and driving under the influence – contribute to a higher risk of car and road accidents.
- Distracted driving: Distracted driving, including instances where drivers are using mobile phones or participating in other activities, remains a significant contributor to road accidents in Cairns and Port Douglas.
- Speeding: Excessive speed is a serious issue, with drivers exceeding speed limits or driving too fast for the conditions, especially on roads like the Bruce Highway and Captain Cook Highway. International tourists have been involved in drunk driving accidents, causing serious injury.
- Impaired driving: Driving under the influence of alcohol, drugs, or fatigue remains a serious and dangerous problem, often leading to severe accidents.
- In 2022, over 1,000 car accidents were reported in Cairns.
- Of these accidents, 28 resulted in fatalities. Over 85% of these were male.
- 57% of fatal accidents were from single-vehicle accidents, meaning there was no other vehicle involved.
- Motor vehicle drivers made up over 60% of those who died, while motorcyclists and their pillion passengers made up 25% despite only accounting for a small percentage of road users.
- Nearly 10% of those who lost their lives were pedestrians hit by cars or motor vehicles.
- Young drivers aged 17-25 suffered the most fatalities.
Here are some of the most common car accident hotspots and stats in Cairns:
- Captain Cook Highway: Running from Cairns to Mossman, the Captain Cook Highway sees a high volume of both local and tourist traffic. The stretches near the airport and the winding coastal stretch through to Port Douglas are particularly accident-prone.
- Sheridan Street: Sheridan Street, especially the section near Cairns CBD, is a hotspot for accidents due to high traffic volumes and numerous intersections.
- Mulgrave Road: Mulgrave Road, with its combination of high traffic density and complex intersections, is another high-risk area for accidents in Cairns City.
- Bruce Highway: The section of the Bruce Highway around the Smithfield and Gordonvale areas often sees accidents, often due to high-speed limits and the mix of local and heavy vehicle traffic.
Motor Vehicle Accident Claim Process
Getting hurt in a Cairns car accident can be overwhelming. Let us walk you through the legal process.
Contact a law firm specialising in car accidents to discuss your options and see if you have a case. We offer free and no obligation advice to find out if you have a claim.
Have a no-obligation consultation to get the details of the process, sign a client agreement, and provide information about your accident. Smith's Lawyers works on a No Win, No Fee, No Catch® basis.
Your lawyer collects reports (like the police report and medical records), witness accounts, and anything else that supports your claim.
Your lawyer prepares and lodges a formal claim with the at-fault driver's insurance company. This starts the process of determining responsibility.
Your lawyer works towards a fair settlement through discussions and negotiations. This often involves a "compulsory conference" where both sides aim to reach an agreement.
If you are successful, you will receive a lump sum to cover your medical costs, lost wages, pain, suffering, and other damages.
How Smith’s Lawyers Can Help
- We handle the legal complexities so you can focus on healing.
- Our No Win, No Fee, No Catch® promise means no upfront costs or financial risk to you.
Remember: The steps to claim compensation may involve more than this. This is a general guide to give you an idea of what could happen.
If you want to pursue a claim, you should seek professional legal advice from expert personal injury lawyers to better understand how your claim could look. Smith's Lawyers offers a free case review that could help you understand your options.
How Are Motor Vehicle Accident Claim Payouts Calculated?
No two accidents or injuries are exactly alike. That's why car accident compensation claim payouts in Cairns vary so much. Here's how yours is calculated:
- Severity of injuries: Doctors' reports, assessments by rehab professionals such as occupational therapists and your own experience detail how badly you're hurt and whether there are lasting effects.
- Medical bills: This includes current costs (e.g. hospital, rehab) AND what you might need in the future (medication, therapy).
- Lost earnings: How much work have you missed? Can you still do the same job as before? This impacts your payout significantly.
- Pain and suffering: The accident's physical and emotional toll is taken into account.
- Ongoing needs: Do you need help with daily tasks or changes to your home, or have you lost independence? These costs are included in your claim.
Example Scenario (Same Injury, Different Payouts)
Imagine two Cairns residents with the same fractured arm injury:
- Young tour guide: Loses their ability to lead active outdoor tours, affecting their long-term earning potential significantly.
- Admin worker close to retirement: Their income is less impacted, resulting in a smaller payout, even with the same injury.
Get Expert Advice: A qualified Cairns car accident injury lawyer can carefully assess all these factors, advocate on your behalf, and fight for fair compensation. Smith's Lawyer team will explain your rights, the compensation claims process, time limits and how our risk-free promise ensures no legal fees unless your case is successful.
Motor Vehicle Compensation Time Limits
Strict time limits apply. Generally, you have three years from the date the injury occurred. However, the initial stages required to run a personal injury claim are required earlier than this.
For motor vehicle-related injuries in Queensland, you have:
- Nine months from the date of the accident or when injuries first became apparent to lodge a Notice of Accident Claim Form (known as a 'NOAC') with the Compulsory Third Party Insurer (CTP Insurer). A “reasonable excuse for delay” can be provided outside the nine months but must be within three years of the accident, or you will be barred from claiming compensation.
- Or, you have one month from when you first consult with a lawyer about the possibility of making a claim to lodge the form. To claim compensation with Smith’s Lawyers, your appointed solicitor will help you complete and submit this form. Note: This time limit is the earlier of the two (one month vs nine months), so if you have spoken to a lawyer about your potential claim, you must lodge the NOAC within one month.
- Where the motor vehicle at fault cannot be identified (such as in a hit and run) or the vehicle was unregistered, you have three months from the date of the accident to lodge a Notice of Accident Claim form with the Nominal Defendant. For these claims, if you have missed the three-month period, a reasonable excuse can be provided, but it must be provided within the standard nine-month limit. Otherwise, you will be barred from claiming compensation.
- After the Notice of Claim Form is lodged, you have three years from the date of the accident/injury to start legal proceedings.
For work-related road injuries in Queensland, you have:
- Six months from when the entitlement to compensation arises (this is usually when the injury occurs or the day on which the individual is assessed by a doctor) to lodge a claim with WorkCover Queensland (or your employer's workers compensation insurer if self-insured). This is an essential first step for all cases, regardless of fault.
- Three years from the date of the accident/injury to start court proceedings for a common law claim. These claims can be run in addition to a standard WorkCover claim where the negligence of your employer or another party caused or contributed to your accident and injuries.
It's also worth noting there are exceptions. For instance, for victims under 18, this three-year period doesn't start until their 18th birthday.
These time frames might seem like a lot of time, but setting your claim into motion can be a complex process with many legal requirements to navigate.
Seek legal advice: At Smith’s Lawyers, our team can help you understand these time limits and ensure you don't miss your chance for a claim. We offer Queensland-wide service with free and no-obligation case reviews. Our No Win, No Fee, No Catch® promise means you have nothing to lose in seeking your rightful compensation.
Car Accident Lawyers Cairns
Smith’s Lawyers Cairns office, in the heart of the CBD is part of the Bolands Offices and Conference Centre, and their staff will assist you in meeting with our team. On arrival, please present to reception on the ground floor. So we can ensure that we are best able to cater to your needs, you will need to book an appointment with us before visiting our Cairns office, by calling us on 1800 960 482.
Opening hours
Closed on public holidays
Visiting us
So we can best serve you, please make an appointment with us on 1800 960 482 before visiting us.
How to reach us
Train
Bus
Our Cairns office is best served by the Cairns Central Bus Stop, which is approximately a 5-minute walk to our office.
Parking
Street parking for up to 3 hours is available on the streets surrounding the Bolands Centre. For any longer parking, Secure Parking Hartley Street (2/18 Hartley Street) is available for $6/day at the time of writing and is a 7-minute walk to the Bolands Centre.
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Car Accident Lawyer Cairns FAQs
Being in a car accident can be overwhelming. Follow these steps to protect yourself and your right to potential compensation:
1. Safety first: If possible, move your vehicle to a safe location out of traffic. Check yourself and others for injuries. Call Triple Zero (000) immediately if anyone needs medical attention.
2. Exchange information: If it's safe to do so, get the following from the other driver(s):
- Name and contact details
- Driver's licence details
- Vehicle registration number
- Insurance company and policy number
3. Gather evidence:
- Take photos of the accident scene, damage to vehicles, and any visible injuries.
- Note down the location, date, and time of the accident. Photos from your phone also help as they should record the time and location data.
- Get the names and contact information of any witnesses.
4. Report the accident (if not done at the scene): Report the crash to the police if there are any injuries. Obtain a police report number for your records.
5. Seek medical attention: Even if you don't feel injured immediately, see a doctor as soon as possible. Some injuries may not show symptoms right away.
6. Contact a Cairns motor vehicle accident lawyer: An experienced personal injury claims lawyer can guide you through the car accident claims process, explain your rights, and fight for the compensation you deserve.
Remember: Don't admit fault to anyone at the scene, and avoid signing any documents without legal advice.
Yes. If you've been injured in a car accident as a passenger in Queensland, you can make a compensation claim even if the at-fault driver is someone you know, like a partner, family member, or friend.
- CTP Insurance: Queensland has a Compulsory Third Party (CTP) insurance scheme. This insurance covers all drivers and passengers for injuries caused in motor vehicle accidents, regardless of who is at fault.
- Claiming against the insurer: Your compensation claim is made via the at-fault driver's CTP insurer, not the driver themselves. This means your compensation claim won't financially impact them.
Car accident claims in Queensland typically take around 18 months. However, several factors can influence the timeframe. This can include disputes over who caused the accident (liability), the severity of your car accident injuries and how long it takes for them to stabilise. Expert personal injury lawyers can help navigate these complexities.
Compulsory Third Party (CTP) insurance is a type of insurance that all registered vehicles in Queensland must have and comes with your vehicle registration (rego). CTP insurance helps cover the costs of motor vehicle accident claims for injuries to drivers, passengers, cyclists, and pedestrians.
What a CTP claim covers: CTP insurance typically includes:
- Medical expenses for injuries
- Rehabilitation costs
- Lost income for those unable to work
- Compensation for pain and suffering in some cases
Who do you make a car accident claim from: If you're injured (and not the at-fault driver), your car accident claim is via the CTP insurer of the at-fault driver's vehicle.
Important Note: CTP insurance does NOT cover personal injuries for the at-fault driver. It does, however, protect the at-fault driver from the costs associated with other road users making a compensation claim for injuries due to their negligence.
The vast majority of car accident compensation claims are settled without the need to go to court.
Here's why:
- Compulsory conferences: Queensland's legal system requires a "compulsory conference." This is a structured meeting between you, your lawyer, the insurer, and their lawyer. The goal is to reach a settlement agreement without a formal court trial. Most cases are successfully resolved at or shortly after the compulsory conference.
- Court as a last resort: Going to court may be necessary if a settlement can't be reached. However, Smith's Lawyers' No Win, No Fee, No Catch® promise protects you from legal fees if your case is unsuccessful in court. You won't be liable for the other side's legal costs. We take on the risk so you don’t have to.
Don't worry, you may still be able to make a claim after car accidents even if:
- The at-fault vehicle left the scene (hit-and-run).
- You couldn't identify the vehicle's registration number.
- The vehicle involved was unregistered or uninsured.
The Nominal Defendant: Queensland's CTP insurance scheme includes an entity called the 'Nominal Defendant'. They act as the insurer for accidents involving unidentified or uninsured vehicles. If you qualify, you can make a claim against the Nominal Defendant. They will provide the same type of compensation under standard CTP claims.
Shorter time limits apply to lodge a nominal defendant claim, so you seek help from expert car accident lawyers as soon as possible after your car accident.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert car accident lawyers.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.