---
title: "Prepare the Queensland facts that sit beside a motor-accident notice"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-application-that-opens-a-motor-accident-damages-claim/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-8-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Prepare the Queensland facts that sit beside a motor-accident notice

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-application-that-opens-a-motor-accident-damages-claim/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Queensland |
| Applies to | [Prepare the application that opens a motor-accident damages claim](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-the-application-that-opens-a-motor-accident-damages-claim.md) |

## Checking plan

**Verify against sources**

The lawyer decides if the Act applies and settles the facts. The certificate and the notice stay with the lawyer.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Check the driving, collision, loss of control or defect description against section 5.
2. Leave the law-practice certificate blank.
3. Do not add a serious-injury certificate. The sections opened do not require one.

## Notes

- 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.

## Practical guide

Jurisdiction: Opening a Queensland motor-accident damages claim

**Deliverable**: Factual sections for the lawyer. The notice and the certificate are not completed.

**Inputs**

- The documents the lawyer selects
- How the injury happened
- Whether a firm is retained

**Example**: 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 escalate when**

- The mechanism is not in the documents.
- The task is to draft the notice itself or the certificate.

Checked 2026-10-23.

## Sources

- [Motor Accident Insurance Act 1994 (Qld) s 5](https://classic.austlii.edu.au/au/legis/qld/consol_act/maia1994243/s5.html) (checked 2026-10-23)
- [Motor Accident Insurance Act 1994 (Qld) s 37](https://classic.austlii.edu.au/au/legis/qld/consol_act/maia1994243/s37.html) (checked 2026-10-23)
- [Motor Accident Insurance Commission: Can I claim?](https://maic.qld.gov.au/after-an-accident/can-i-claim/) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*