Who do I claim against?
Posted: 15th June 2016
Your claim for Property Damage is made against the driver of the vehicle that caused the accident. There are many vehicles on the road that are insured for property damage caused to other vehicles on the roadway when involved in an accident. Where the owner of the vehicle has property damage insurance, the insurance company will indemnify (pay for) the property damage caused by the driver of the vehicle at fault in the accident. If there is no property damage insurance policy, your claim is made against the driver of the vehicle that caused the accident.
Pursuant to Queensland law all registered vehicles have Compulsory Third Party insurance as part of their annual vehicle registration costs. Claims for personal injury compensation are made against the CTP insurer of the vehicle at fault pursuant to the Motor Accident Insurance Act 1994 (Qld).
Even if a vehicle is unregistered or unidentified, a claim can usually be made against the Nominal Defendant which is a government insurer established through the Motor Accident Insurance Act 1994 (Qld). Please note that strict time limits apply to these claims.