Prepare the Queensland facts that sit beside a motor-accident notice
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft the factual sections the lawyer marks, from the documents the lawyer has selected. Leave blank every part the claimant must sign, and do not complete a law-practice certificate.
- What the lawyer must review
- You decide whether section 5 applies to this accident, and you settle every factual section.
- The notice under section 37 is the claim step. This task does not draft that notice.
- The supervising principal completes the law-practice certificate. The tool does not.
- Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Opening a Queensland motor-accident damages claim
Produce. Factual sections for the lawyer. The notice and the certificate are not completed.
Have ready. The documents the lawyer selects; How the injury happened; Whether a firm is retained.
Example of the limit. Illustrative example: The facts say the claimant's vehicle ran off a straight road with no other vehicle. The draft records that description and leaves section 5 for the lawyer. It does not complete a certificate.
Stop and hand it back when
- The mechanism is not in the documents.
- The task is to draft the notice itself or the certificate.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Draft the factual sections the lawyer marks, from the documents the lawyer has selected. Leave blank every part the claimant must sign, and do not complete a law-practice certificate. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the driving, collision, loss of control or defect description against section 5.
- Leave the law-practice certificate blank.
- Do not add a serious-injury certificate. The sections opened do not require one.
Sources
- Motor Accident Insurance Act 1994 (Qld) s 5 · 2026-10-23
- Motor Accident Insurance Act 1994 (Qld) s 37 · 2026-10-23
- Motor Accident Insurance Commission: Can I claim? · 2026-10-23
Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
Section 5 applies only where the injury results from driving, a collision or action to avoid a collision, the vehicle running out of control, or a defect causing loss of control while driven, and is caused wholly or partly by a wrongful act or omission of someone other than the injured person. For an uninsured vehicle, section 5(2) also requires a road or public place. Section 5(3) lists machinery, agricultural machines, rail and tram vehicles, amphibious vehicles and a prescribed class, unless the accident happens on a road. Section 5(4) takes an act of terrorism, at the time the vehicle is being used to do that act, outside the wrongful-act test.
Section 37 is the notice. Section 37(1)(d) requires a law practice certificate from the supervising principal when a firm is retained. The Commission's claim page says a person who was totally at fault, or a single-vehicle accident in which no one else was at fault, may not have a claim.