Motorcyclists make up a small share of road users and a large share of the people seriously hurt on Queensland roads. The injuries are heavier, the recovery is longer, and the first version of events offered by the other driver is very often "I didn't see the bike". This guide is for riders and pillion passengers who want to know where they stand.

Key points

  • A rider injured by another driver's negligence claims against that driver's CTP insurer, exactly as a car occupant would.
  • A pillion passenger claims against whichever driver was at fault, including the rider of the bike they were on.
  • Not seeing a motorcycle is a description of negligence, not a defence to it.

Who the claim is against

Every registered vehicle in Queensland carries CTP insurance. If a car turns across your path, changes lanes into you or rear-ends you at lights, your claim is against that car's CTP insurer. If a rider is injured in a single-vehicle crash caused by their own error, CTP does not respond, but a catastrophic injury is covered by NIISQ regardless of fault, and riding in the course of work brings WorkCover in.

A pillion passenger has a claim against whichever driver was negligent. If the rider they were on caused the crash, the claim is against the bike's CTP insurer. The rider does not pay personally.

"I didn't see the motorcycle"

Drivers owe a duty to keep a proper lookout for everything on the road, and a motorcycle in a lawful position with its headlight on is there to be seen. When a driver says they did not see the bike, that statement usually establishes the breach rather than excusing it. The insurer's real arguments tend to be about speed, lane position and filtering, so the evidence that matters is dash cam and helmet cam footage, the police report, witness details, the positions of the vehicles and the damage pattern.

Lane filtering, speed and gear

Lane filtering is lawful in Queensland for riders holding an open licence, at 30 km/h or less, and only where it is safe. Filtering outside those limits is a contributory negligence argument for the insurer, not an automatic bar. Speed is assessed on evidence, and the insurer bears the onus of proving you were speeding and that it contributed. Protective gear is not compulsory beyond an approved helmet, but an insurer may argue that an injury was worse for lack of it; the argument only goes to the injuries that gear would actually have prevented.

What the claim covers

Serious motorcycle injuries, fractures, degloving, spinal and head injuries, produce claims with large future components: surgery, rehabilitation, time off work, and sometimes a change of occupation. Damages cover treatment, rehabilitation, past and future income loss, superannuation, care provided by family where it meets the statutory threshold, and general damages assessed under the Civil Liability Regulation's injury scale. Rehabilitation can be funded by the insurer while the claim is running.

Time limits

Notice of Accident Claim within nine months of the accident, or one month after first consulting a lawyer, whichever comes first. Three years to start court proceedings. If the vehicle that hit you could not be identified, the Nominal Defendant claim must be lodged within three months and cannot be brought at all after nine months.

Frequently asked questions

Can a motorcyclist claim compensation if they were partly at fault? Yes. The claim is reduced by the rider's share of responsibility but is not extinguished.

Do pillion passengers have their own claim? Yes. A pillion claims against whichever driver was at fault, including the rider carrying them.

Is a rider who wasn't wearing protective clothing penalised? Only if the insurer proves the injury would have been less without it, and only for that injury. A helmet is compulsory; other gear is not.

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