RACQ Legal Advice

Motor vehicle accident information

RACQ legal information

If you have been in a motor vehicle accident, follow the steps to determine the information that is relevant to you.

Note: This information is for general guidance only and should not be relied on as legal advice.

At the time of the accident...

1
...were you an adult (over 16)?

Yes

I was at least 16 years old

No

I was under 16 years old
2
...were you under the influence of alcohol and/or drugs?

Yes

I was under the influence of alcohol and/or drugs

No

I was not under the influence of alcohol and/or drugs
3
...did you have a valid drivers licence?

Yes

I had a valid drivers licence

No

I did not have a valid drivers licence
4
...was your vehicle registered?

Yes

My vehicle was registered

No

My vehicle was not registered
5
...what was damaged?

Property and/or car

My personal property and/or vehicle was damaged

Personal injury

Someone sustained an injury
5
...whose fault was it?

Me

I caused the accident

Someone else

Someone else caused the accident

Both

We both caused the accident

Unsure

I'm not sure who caused the accident
6
...what was damaged?

Car

My car or vehicle was damaged

Third party property

including poles, road, houses etc.

Personal injury

Someone sustained an injury

Other

Other damage was caused
7
...what additional insurance did you have?

Nothing extra

in addition to Compulsory Third Party insurance

Comprehensive car

I had comprehensive car insurance

Third party, fire & theft

I had Third Party, Fire & Theft car insurance
7
...what additional insurance did you have?

Nothing extra

in addition to Compulsory Third Party insurance

Comprehensive car

I had comprehensive car insurance

Third party, fire & theft

I had Third Party, Fire & Theft car insurance
7
...what additional insurance did you have?

Nothing extra

in addition to Compulsory Third Party insurance

Comprehensive car

I had comprehensive car insurance

Third party, fire & theft

I had Third Party, Fire & Theft car insurance
6
...what was damaged?

Car

My car or vehicle was damaged

Third party property

including poles, road, houses etc.

Personal injury

Someone sustained an injury

Other

Other damage was caused
7
...what additional insurance did you have?

Nothing extra

in addition to Compulsory Third Party insurance

Comprehensive car

I had comprehensive car insurance

Third party, fire & theft

I had Third Party, Fire & Theft car insurance
7
...what additional insurance did you have?

Nothing extra

in addition to Compulsory Third Party insurance

Comprehensive car

I had comprehensive car insurance

Third party, fire & theft

I had Third Party, Fire & Theft car insurance
6
...what was damaged?

Property and/or car

My personal property and/or vehicle was damaged

Personal Injury

Someone sustained an injury
7
...what additional insurance did you have?

Nothing extra

in addition to Compulsory Third Party Insurance

Comprehensive car

I had comprehensive car insurance

Third party, fire & theft

I had Third Party, Fire & Theft car insurance
7
...what additional insurance did you have?

Nothing extra

in addition to Compulsory Third Party insurance

Comprehensive car

I had comprehensive car insurance

Third party, fire & theft

I had Third Party, Fire & Theft car insurance
Done!The following legal information could assist you

Underage Driving

  • You may be held accountable for your actions
  • You may face criminal prosecution

If you are under 16 years, you can still be held accountable for your actions when you have damaged property or hurt other people. You can also face criminal prosecution if you have driven a vehicle without a licence. The law applying to people who are not of driving age is complicated. You should seek legal advice if you are not an adult because the manner in which people are able to recover against you if you cause damage to their property is more complicated and will involve your parents or guardian. Also, the criminal penalties you may face if you were driving without a licence are different if you are not an adult.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Driving under the influence or alcohol and/or drugs

You will not be covered by insurance and will be personally liable for any damage you cause. You may also face criminal charges.

If you caused the accident and have insurance it is likely that your comprehensive motor vehicle insurance or third party property insurance will not cover you for the damage that you have caused to another person's vehicle or other property damage. In this case you will be personally liable for any damage claim made against you.

You could also face criminal charges from the Queensland Police Service as it is an offence to drive under the influence of alcohol or drugs. If you did not cause the accident but were driving under the influence of alcohol or drugs it is likely that your insurance company will still not cover you for the damage to your vehicle if you wanted to make a claim on your comprehensive motor vehicle insurance. This is because most insurance policies do not cover drivers who were found to be driving under the influence of alcohol or drugs at the time of an accident.

To ensure you know and understand what you are covered for, read your insurer's Product Disclosure Statement. If you have no insurance, you will be responsible for the costs to fix your car and, if you caused the accident, any claim for damage that you caused as a result of the accident.

Driving without a valid driver's licence

It is illegal to drive without a valid driver’s licence. You will not be covered by insurance and may be personally liable for any damage.

You could face criminal charges.

If you caused the accident and have insurance, it is likely that your comprehensive motor vehicle insurance or third party property insurance will not cover you for the damage that you have caused to another person's vehicle or other property damage. In this case you will be personally liable for any damage claim made against you.

You could also face criminal charges from the Queensland Police Service as it is an offence to drive without a valid driver's licence. If you did not cause the accident but still were driving without a licence your insurance company still may not cover you for the damage to your vehicle if you wanted to make a claim on your comprehensive motor vehicle insurance. This is because many insurance policies make it a requirement that any driver listed on the policy is lawfully able to drive.

To understand what you are covered for you should read your insurer's Product Disclosure Statement. If you have no insurance you will be responsible for your own costs to repair your car and, if you caused the accident, any claim for damage that you caused as a result of the accident.

Damage to property when driving an unregistered vehicle

If you are at fault, you are personally liable for all costs.

If you drive an unregistered car, you will be uninsured even if your insurance is paid at the time of the accident. An unregistered car also means you do not have any Compulsory Third Party insurance, so you may be personally liable for any personal injury costs you have caused.  You should consider seeking legal advice if a claim is made against you by the other party.

If the other driver is at fault, and you are not insured, then you will need to make a claim against them and/or their insurance company.

Contact the driver and try to reach an agreement and settle the dispute amicably with them directly or with their insurer. If you are unable to come to an agreement, you should send the other driver a letter of demand stating your vehicle repair costs or if your vehicle was written off as a result of the accident, the market valuation amount for your vehicle. You should include the vehicle repair quotes or market valuation report you are relying on with your letter of demand to the other driver. If the other driver fails to respond to your letter of demand, you can sue the other driver for the losses that you have suffered through a claim in QCAT (Queensland Civil & Administrative Tribunal) or the Magistrates Court for the area where the accident occurred. You should get legal advice prior to suing the at fault driver.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Sustaining an injury when driving an unregistered vehicle

If it is your fault, you may be personally liable for all the losses caused.

If the other party is at fault (and you have been injured), then as long as they were driving a registered car, they can make a claim against their own Compulsory Third Party (CTP) insurance to pay for your injury or you can contact their insurer.

If you cannot identify the driver at fault (or the other vehicle is unregistered), you can still lodge a claim. Your claim will be against the Nominal Defendant.

It is very important that you pay your registration on time. This will ensure that your car is registered and the vehicle has valid CTP insurance. Even if you are driving someone else’s car, you should check and confirm that it is registered.

How can you determine who is at fault?

Prior to starting your claim, it is important to establish who was at fault. This is because the person at fault is liable to pay for the damage they cause.

Common instances of an at fault accident include:

  1. colliding with a vehicle when reversing out of a car park;
  2. colliding with a car in front;
  3. colliding with a stationary vehicle;
  4. failing to give way on a roundabout or when turning into a street crossing the path of traffic;
  5. running a red light or a stop sign; and
  6. when reversing.


If more than one person is responsible for causing the accident, both drivers should pay for the portion of the damage that they caused. This is because both drivers have contributed to the accident.

Contributory negligence” is the term used when more than one person causes an accident. Usually this is determined by a court or tribunal having regard to the circumstances as generally liability for these accidents is determined in this forum. But if you don't wish to go to court or a tribunal you and the other party can determine a percentage for each other’s liability.

To work out the percentage of responsibility, you and the other party should think about how you were driving at the time of the accident. Some useful points to consider:

  1. Did you or the other party have full attention to the road conditions and your driving? or
  2. Were any traffic offences committed?


For specific advice on a particular accident scenario you should consider getting advice from a motor vehicle accident lawyer.

Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Other types of losses when you are at fault

Damage to vehicles or other property may not only be the only losses claimed against you if you're at fault. Here are some common types of 'other' losses that could be caused in an accident and you could be liable for:

Tools of trade: for example, if you have caused an accident with a work related vehicle, you may need to replace their equipment if they do not have commercial or business insurance which covers their tools of trade. The other party will need to be able to substantiate their loss and to prove that the equipment they want you to pay for is necessary for their business or to perform their trade.

Hire vehicles: if the other party needs a vehicle to perform their job and hires a vehicle while their own vehicle is being fixed, you may need to pay their hire vehicle costs if they do not have hire vehicle coverage listed on their insurance policy and they sue you personally to recover their hire vehicle costs . However, if the other party wants you to pay for their hire vehicle costs they will need to be able to substantiate those costs by receipts, invoices and to prove that they need their car to perform their job (i.e. not just for driving to and from work) or for a valid reason such as living in a remote area with no access to public transport.

Loss of income: If you damage a person's work vehicle and consequently they are unable to work (and they do not have their own income insurance) you can be liable for their loss of income if they are able to substantiate their loss.

If you are the not at fault driver and have Comprehensive Motor Vehicle Insurance this may cover your hire vehicle costs if listed on your policy. However, if you have lost tools of trade and or income, as a result of the accident, and you only have Comprehensive Motor Vehicle Insurance, you will not normally be covered for these costs. Lost income and tools of trade are typically only covered as part of a commercial or business insurance policy. If you only have Third Party Property (and Fire and Theft) Insurance or Compulsory Third Party (CTP) Insurance; these types of insurance will not cover you for these additional costs.
 

If you are the at fault driver and have Comprehensive Motor Vehicle Insurance or Third Party (and Fire and Theft) Insurance, you may be covered for the other party’s hire vehicle expenses. However you can be personally sued by the other party for lost income or tools of trade if you only have (personal) i.e. Comprehensive Motor Vehicle Insurance or Third Party (Fire and Theft) Insurance and not a commercial or business insurance policy that covers those costs.

To understand what you are covered for you should read your insurers Product Disclosure Statement.

If you do not have any insurance you should try to come to an agreement on how to pay for the damages. If you are unable to come to an agreement, the other party may sue you for their losses. You should seek legal advice for your circumstances if this occurs.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Damage to another vehicle and no third party property insurance

You are liable for the costs.

If you have caused damage to another vehicle and you do not have third party property insurance, you will be personally liable for the costs. Your Compulsory Third Party (“CTP”) Insurance will not cover you; it only covers for personal injuries that your vehicle has caused. It is likely that the other party (or their insurance company) will want to recover the costs from you.

It is best for you to communicate with the other party (or their insurance company) and come to an agreement on how you will pay for the damages. If you pay the vehicle repair costs or if it is written off as a result of the accident, you should obtain an acknowledgement in writing from the owner of the other car or their insurer. This is called a 'deed of release'. If you are unable to come to an agreement, the other party (or their insurance company) may sue you via the Queensland Administrative Tribunal (QCAT) or the Magistrates Court.

Help, I’m being sued and I have no insurance!

If you have caused an accident and damaged a person’s car then that person may try to recover against you for the cost to repair their car or the car’s market value if it cannot be repaired.

Generally, this will occur if you cannot resolve the dispute with the other person directly and they also do not have insurance or do not want to make a claim on their insurance policy.

Typically, the other person may make an application to QCAT if the total property damage to their car is up to $25,000. If the amount of the other party’s claim against you is more than $25,000, they will need to claim against you in the Magistrates Court closest to where the accident occurred.   But if you are being sued by the other party's insurance company, they will make an application to the appropriate court.  This is because claiming through a court will allow the other party’s insurer to recover their legal costs as well as the insured driver’s repair or market valuation costs. If the other party’s insurance company does claim against you through a court, you should seek legal advice.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Damage to another vehicle and Comprehensive Motor Vehicle Insurance

Comprehensive Motor Vehicle Insurance will cover your vehicle's damage and damage you cause to the other party's vehicle so you should consider making a claim on your policy.  Apart from paying an excess, the damage you have caused should be covered.

Damage to another vehicle - Third Party or Third Party Property, Fire and Theft Insurance

The damage to the other vehicle is covered, but you are likely responsibile for your own damage costs.

Third Party insurance provides cover for damage you cause to another vehicle and property damage you have caused, but will generally not cover any damage to your own vehicle. If you want coverage for damage caused to your vehicle you will need comprehensive motor vehicle insurance.

Third Party, Fire and Theft insurance will cover third party damage you cause and will also cover your car if it is stolen or catches fire. It will generally not cover damage done to your car in an accident.

For the exact extent of your insurance cover, please read your Product Disclosure Statement (“PDS”) carefully as well as your policy documents.

You are personally responsible for your own accident costs but you can make a claim on your Third Party or Third Party Property, Fire and Theft insurance policy to cover the cost of the other party's damages. In this instance, the other driver (or their insurer) will let you know their costs.  Apart from paying an excess fee, the third party damage you have caused should be covered.

There may be exclusions for example, lost income and damage to tools of trade that may not be covered and you may be personally liable for these expenses. You should speak to your insurance provider and seek advice for your situation.

You have damaged someone else’s property and have no third party insurance

You are responsible for the costs

In this instance, it is likely you have damaged third party property like a house, fence, guard rail or shop front as well as your own vehicle.  Your Compulsory Third Party (CTP) Insurance only covers personal injury when you cause the accident, it does not cover for any property damage to either your vehicle or to a third party’s vehicle.

If the other party also does not have insurance or they do not want to make a claim on their insurance policy, contact them and try to reach an agreement in writing and settle the dispute amicably. This agreement is known as a 'deed of release'.  If you are unable to come to an agreement, the other party may sue you in either the Queensland Civil and Administrative Tribunal (QCAT) or the Magistrates Court to recover the costs.You may be sued by the other party (or their insurer).
If the other party has insurance they can make a claim on their on policy and if this occurs, it is likely that their insurer will recover against you for the damage you caused.

If the other person is going to sue you, they may make an application to the Queensland Civil and Administrative Tribunal (QCAT) if the total property damage is up to $25,000 or they may make an application to a court.  If the other party's insurer is trying to recover against you they may make an application to court if they cannot resolve the dispute with you.

You should consider seeking legal advice from a lawyer if you are unsure about your liability.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Third party property damage and you have Comprehensive Motor Vehicle Insurance

The property damage you have caused will likely be covered by your insurance, and you should consider making a claim on your Comprehensive Motor Vehicle Insurance. Apart from paying an excess, the property damage you have caused should be covered. Read your insurer’s Policy Disclosure Statement (PDS) to understand what is covered. There may be exclusions which you need to be aware of.

If you have damaged third party property like a house, fence, guard rail or shop front as well as your vehicle, this damage should be covered by your comprehensive insurance. Read your insurer’s PDS to understand what is covered. There may be exclusions which you need to be aware of.

Third party insurance

In this instance, you may have damaged third party property like another vehicle, house, fence, guard rail or shop front as well as your vehicle.

Third Party insurance will cover the other vehicle / property damages you have caused, but will not cover your own damages.

You are responsible for the damage to your own vehicle, but should consider making a claim on your insurance policy for any property damage you caused to a third party. In this instance, the other driver (or their insurer) will let you know their costs.  Apart from paying an excess, the third party damage you have caused should be covered by your policy.

There may be exclusions (eg. damage to tools of trade) that may not be covered, so speak to your insurance provider and seek advice for your situation.

Personal injuries when you are at fault

Compulsory Third Party (“CTP”) insurance is a state-based statutory scheme which covers all medical expenses of an ‘innocent’ party in a motor vehicle accident where there is an ‘at fault’ driver fully responsible for the accident. Accordingly, if you are an ‘at fault’ driver, you will usually not be covered under CTP insurance unless you have an at fault driver insurance component of your CTP insurance. Please see the Motor Accident Insurance Commission for more information, their FAQ page is here.

Some CTP insurance companies offer a limited amount of cover to ‘at fault’ drivers for personal injury. You will need to check with your CTP insurer whether they offer any ‘at fault’ driver cover and the extent and conditions of that cover.

Your vehicle is damaged by someone else and you only have Third Party Property insurance

If your vehicle is damaged in an accident where you were not at fault you should contact the other driver and try to reach an agreement and settle the dispute amicably. 

This is because Third Party insurance does not cover the damages caused to you by the other driver. If the other driver is comprehensively insured, their insurance company will not talk to or pay you unless their insured has made a claim on their insurance policy and has paid their excess.
In this instance you have two choices:

  1. Negotiate with the at fault driver (or their insurer) to pay for your costs; or the repair or the value of your car; or
  2. Pay for the repairs yourself.

If you are unable to come to an agreement, you can sue the other driver for costs. Typically, you may make an application to the Queensland Civil and Administrative Tribunal if the total property damage to your car is up to $25,000.  If the total property damage to your vehicle exceeds $25,000 you will need to claim against the other driver in the appropriate court for the area where the accident occurred. You should get legal advice before suing the at fault driver.

Your Third Party (or Third Party, Fire and Theft) insurance will only cover the other driver’s damage when you cause the accident.

If the other driver has insurance they may make a claim on their policy and then provide you with the claim number and contact details for their insurer. You will then be dealing with the other party's insurer to settle your costs. You cannot force the other party to make a claim on their insurance policy with their insurer or pay any applicable excess fee once the claim is made to allow their insurer to process the claim.  If this occurs, you may wish to consider suing them for your costs directly.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Further information

Other damage when someone else is at fault

They will be liable for the costs of repairing your vehicle, or if it has been written off in the accident, the market value amount for your vehicle.

You can make a claim against them in QCAT or the appropriate court depending on the amount of your claim.
Here are some common types of 'other' costs that could be caused in an accident:

Tools of trade: for example, if the other party damages your tools and equipment carried in the work vehicle that was damaged.

Hire vehicles: the hire vehicle costs you pay to hire a vehicle because you need a vehicle to perform your job. You will not be entitled to recover hire vehicle costs if you don’t need your vehicle to perform your job and only need it to travel to or from work, or for personal reasons such as to transport children to and from school.

Loss of income: if your work vehicle is damaged and you are not able to work (and you do not have income protection insurance) or perform jobs for a period of time.

Normally, additional costs like these will not be covered under insurances like Third Party (and Fire and Theft) Insurance, Compulsory Third Party Insurance or Comprehensive Motor Vehicle Insurance (unless you have elected optional extras as part of the policy (check the Product Disclosure Statement for your insurance coverage)) or you have a business policy (see earlier).

Ideally, you should try to come to an agreement on how to pay for the damages. If you are unable to come to an agreement, you will be able to sue the at fault driver for the costs.  You should consider seeking legal advice.

Someone else is at fault and you have no insurance

The other driver is liable for the costs. In this instance, as you only have Compulsory Third Party (CTP) insurance, you have two choices:

  1. Negotiate with the at fault driver or their insurer for the repair costs or the value of your car.
  2. Pay for the repairs yourself.

Your CTP insurance only covers personal injury to the other party i.e. when you caused the accident.

Contact the driver and try to reach an agreement and settle the dispute amicably.  If you are unable to come to an agreement, you can sue the other driver for costs. Typically, you may make an application to the Queensland Civil and Administrative Tribunal if the total property damage to your car is up to $25,000, but you should get legal advice prior to suing the at fault driver   You should consider seeking legal advice from a motor vehicle accident lawyer. If the other driver has third party insurance they can make a claim on their policy and then provide you with the claim number and contact details for their insurer. You will then be dealing with the other party's insurer to settle your costs. You cannot force the other party to make a claim with their insurer or pay any applicable excess fee required by their insurance company to process the claim.  If this occurs, you may wish to consider suing them for your costs directly.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Someone else at fault and you've got Comprehensive Motor Vehicle Insurance

Comprehensive Motor Vehicle Insurance (CMV insurance) will cover your vehicle's damage no matter who is at fault so you should consider making a claim on your policy. You should also check to see whether your insurer will waive any excess fee payable, usually where you can give them the details of the at fault driver.  After you make the claim your insurer will handle the resolution of the damage and any recovery action against the other party (or their insurer) for you.

If you do not want to make a claim, you could contact the driver and try to reach an agreement and settle the dispute amicably. If you are unable to come to an agreement, you can sue the other driver for costs. Typically, you may make an application to the Queensland Civil and Administrative Tribunal (QCAT) if the total property damage to your car is up to $25,000. If the amount of your claim against the other driver exceeds $25,000 you will need to claim against them in the appropriate court closest to where the accident occurred.  You should get legal advice prior to suing the at fault driver. 

If the other driver has insurance they should make a claim on their policy and then provide you with the claim number and contact details for their insurer to give to your insurer. Your insurer will then be able to deal with other party's insurer directly. You cannot force the other party to make a claim with their insurer or pay any applicable excess fee once the claim is made so their insurer can process the claim.  If this occurs, and you do not want to claim on your own CMV Insurance, you may wish to consider suing them for your costs directly.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Someone else is at fault and you have got Third Party Property (and Fire and Theft) Insurance

In this instance, as you only have Third Party Property (and Fire and Theft) Insurance, you have two choices:

  1. Negotiate with the at fault driver for the repair costs or the market value of your car (if it is a write-off)
  2. Pay for the repairs yourself.

Your Third Party Property and Fire and Theft  Insurance only covers the other party’s damage when you are at fault in the accident and not for damage to your vehicle.

In this instance, you could contact the driver and try to reach an agreement and settle the dispute amicably.  If you are unable to come to an agreement, you can sue the other driver for costs. Typically, you may make an application to the Queensland Civil and Administrative Tribunal if the total property damage to your car is up to $25,000. If the amount of your total property damage exceeds $25,000 you will need to claim against the other driver in the appropriate court nearest to where the accident occurred. But you should get legal advice prior to suing the at fault driver. 

If the other driver has insurance they should make a claim on their policy and then provide you with the claim number and contact details for their insurer. You will then be dealing with the other party's insurer to settle your costs. You cannot force the other party to make a claim with their insurer or pay any applicable excess fee once the claim is made so their insurer can process the claim.  If this occurs, you may wish to consider suing them for your costs directly.

Personal injury with someone else at fault

If you are injured, you can make a claim on the other driver's Compulsory Third Party (CTP) insurance. Their CTP insurance will cover your personal injuries, when the other driver has caused the accident. Compulsory Third Party Insurance is included as part of the total price that everyone pays when they register their vehicle with Queensland Transport and Main Roads.

If the other driver is injured, and they caused the accident, they are responsible for their own costs.

If you cannot identify the driver at fault or if the other vehicle was unregistered, you can still lodge a claim. You should lodge a claim with the Nominal Defendant Insurance which is a statutory based fund looked after by the Motor Accidents Insurance Commission Queensland.  Your claim should be lodged within 3 months of the car accident, if it occurred in Queensland. If your car accident occurred in another state, you will need to obtain legal advice about the processes to follow in that state if you cannot identify the driver at fault in the accident.

Comprehensive Motor Vehicle Insurance and Third Party Property (and Fire and Theft) Insurance do not cover costs for injuries. If you are injured in an accident you should consider seeking legal advice from a personal injuries lawyer as soon as possible after the accident. You are also required to report the fact you are injured to the police.

You can obtain a referral from the Queensland Law Society to a law firm in your area which specialises in personal injury law. The Queensland Law Society can be contacted by telephone on 1300 367 757 or through the website www.qls.com.au.

Both parties at fault and no additional insurance

You each will need to pay for your the damage caused to your own vehicle. In this instance, Compulsory Third Party (CTP) Insurance will not pay for either party's vehicle damage. Your CTP insurance, which forms part of the total price you pay when registering your car with Queensland Transport and Main Roads, usually only covers physical injuries to the party who is not at fault unless the at fault driver has at fault driver coverage under their CTP insurance.

If you are both at fault, both of you will be regarded as having contributed to the other’s property damage. If the other party is injured but contributed to the accident, this may be taken into account by your CTP insurer.

If you cannot agree who was at fault in the accident you could consider seeking legal advice for your particular accident scenario from a motor vehicle accident lawyer.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Both parties at fault with Comprehensive Motor Vehicle Insurance

You each will need to pay for your own costs.
Comprehensive Motor Vehicle Insurance will cover your vehicle's damage no matter who is at fault so you should consider making a claim on your policy. After you make the claim and pay your excess, your insurer will handle the resolution of the damage for you.  The other driver will have to pay for their own damages either personally or via their insurance company due to their contributory negligence.

If you do not want to make a claim, you will be responsible for the costs to repair your car.

If you cannot agree that both of parties were at fault in the accident you could consider seeking legal advice for your particular accident scenario from a motor vehicle accident lawyer.

You should consider seeking legal advice from a solicitor who specialises with your needs. Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Both parties at fault and Third Party Property (and Fire and Theft) Insurance

You will both have to pay for you own costs
Your Third Party and Third Party, Fire and Theft Insurance only cover the other party’s damage when you are at fault in the accident and not for damage to your vehicle.  In this instance, both of you are at fault, negligent and you are responsible for your own costs.  The other driver will have to pay for their own damages either personally or via their insurance company.

If you cannot agree that both of parties were at fault in the accident you could consider seeking legal advice for you particular accident scenario from a motor vehicle accident lawyer.

Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

Personal injury with both parties at fault

Compulsory Third Party (CTP) Insurance forms part of the total price you pay when registering your car with Queensland Transport and Main Roads.  This insurance is a common law ‘fault’ based scheme which provides coverage to at fault vehicle owners and drivers for personal injuries caused to other drivers, passengers and other people caused by or in connection with the use of the CTP insured motor vehicle. Because this type of insurance is based on fault, it requires proof of liability, which means the injured person will have to prove negligence against the vehicle owner or driver of the motor vehicle which caused the accident and subsequently the injuries sustained. An injured person will usually not recover compensation for their injuries if they are the driver at fault in the accident unless they have at fault driver cover on their CTP Insurance policy.

Personal injury and you are not at fault

If you are injured in an accident you should consider seeking legal advice from a personal injuries lawyer as soon as possible after the accident. This is because limitation periods apply to CTP claims in Queensland. Your claim could be rejected if you do not claim within the required limitation period for your claim.

Here are some helpful contacts:

Referral to a specialist from the Queensland Law Society 1300 367 757
www.qld.com.au
Preliminary legal advice from a free community centre www.qails.org.au

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