Legal FAQ

What should I do if I'm involved in an accident?

Stop your vehicle immediately and give assistance to any injured person ...MORE

Who is at fault in rear-end collisions?

If only 2 cars are involved in the accident, the car which hits from behind is liable in most circumstances ...MORE

What if I hit an illegally parked car?

There are two possibilities: liability for a traffic infringement notice/fine and/or damages to the vehicle you hit ...MORE

What is the law relating to animals on the road?

Domestic Animals - Local authority by-laws stipulate that a dog must be kept confined and, if off the property, must be on a lead...MORE

What about shopping centre accidents?

In situations where both parties are reversing from opposite car parks, then both parties are equally liable and should agree to share the total damage bill or each repair their own vehicle ...MORE

My open car door was hit by another vehicle. Who is at fault?

The Transport Operations (Road Use Management) Regulations state that “A person must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door of a vehicle open, or getting off or out of a vehicle...MORE

What can I do if my car is damaged by a pothole?

Section 37 of the Civil Liability Act 2003 (Qld) states that a public or other authority is not liable in any legal proceedings for any failure by the authority in relation to any function it has as a road authority to:

• repair a road;
• keep a road repaired; or
• to inspect a road for the purpose of deciding the need to repair the road or to keep the road in repair.

This restriction on the liability of public or other authorities will not apply if the authority had actual knowledge of the particular risk that caused harm.

Legal action against a local Council or Authority (e.g. government departments such as Main Roads) must be commenced in the Magistrates Court, not in the Queensland Civil and Administrative Tribunal. Lawyers are entitled to appear in the Magistrates Court and costs may be awarded against the unsuccessful party. For this reason, legal advice should be sought before a claim is lodged.

Rocks flung up by other vehicles have damaged my car. Can I do anything?

If you sustain damage to your vehicle as a result of another motorist flinging up a rock in the course of travelling along a road, you can't claim against the other driver as they are not responsible for the rock being there or the condition of the road...MORE

Can I claim against damage caused by transport vehicles?

It depends on the facts and circumstances...MORE