The minutes and days after a car accident are chaotic — but the things you do (and don't do) in that window can decide whether your compensation claim succeeds and what it's worth. Here's the calm, practical version.
This guide is general information, not legal advice for your specific situation. If you've been injured, the safest move is a free claim check or a quick call — but if you're reading this from the roadside, start here.
1. Get safe, then get checked by a doctor
Move out of traffic if you can, switch on your hazards, and call 000 if anyone is hurt. Even if you feel fine, see a doctor within a day or two. Adrenaline masks injuries, and conditions like whiplash and concussion often surface later. A medical record created early is also the backbone of any future claim — a gap between the accident and your first appointment is the first thing an insurer will point to.
2. Exchange details — and gather evidence
Collect the other driver's name, licence, registration and contact details, and the same for any witnesses. Then become a documentary maker: photograph everything.
- The position of the vehicles before anything is moved
- Damage to all cars involved, including close-ups and wide shots
- Skid marks, debris, road conditions and traffic signs
- Your visible injuries
If there's CCTV or dashcam footage nearby — a business, a bus, another driver — note it. That footage is often gone within days.
3. Report the accident to police
In Queensland you must report a crash to police if someone is injured, a vehicle has to be towed, a driver fails to stop or give details, or you believe a driver was affected by drugs or alcohol. A police report number strengthens your claim, and for hit-and-run claims against the Nominal Defendant, prompt reporting is effectively mandatory.
4. Know your CTP claim deadlines
Queensland's Compulsory Third Party scheme is how injured road users are compensated — and it runs on strict deadlines:
- 28 days — lodge an Accident Notification Form to access early treatment funding
- 9 months — lodge a Notice of Accident Claim Form (or within 1 month of seeing a lawyer)
- 3 years — the outer limit to start court proceedings
If the driver can't be identified, the deadlines are far tighter — just 3 months' notice to the Nominal Defendant. When in doubt, get advice early. You can read the full breakdown on our car accident lawyers page.
5. Be careful what you say to the insurer
The at-fault driver's CTP insurer may contact you for a recorded statement or float an early settlement. You're not obliged to give a recorded statement without advice, and early offers are made precisely because claims are usually worth more once your injuries stabilise. Once you settle, you generally can't reopen the claim — even if your condition worsens.
What you can claim
A CTP claim can cover your medical and rehabilitation expenses, past and future loss of income and superannuation, the cost of care and assistance (including unpaid help from family), and general damages for pain and suffering. For serious injuries, future economic loss is usually the largest component — and the one insurers fight hardest.
The bottom line
Look after your health first, document everything second, and get advice before you sign or say anything to an insurer. With AMK, that advice is free and we act No Win, No Fee — so there's no risk in simply finding out where you stand.