Not At Fault Car Accident Lawyers Queensland.
When someone else causes a crash, their CTP insurance should cover your injuries — even if the driver was unlicensed, uninsured, or drove off and was never identified. We act for not-at-fault drivers, passengers and riders across across Queensland. No Win, No Fee.
Find Out Where You Stand In Under 2 Minutes.
Answer a few quick questions about what happened. We'll tell you what your claim could be worth — free, and with no obligation.
What Can You Claim If You Weren't At Fault?
Everything the law allows: medical and rehabilitation expenses, past and future income loss, care and assistance, and general damages for pain and suffering — paid by the at-fault driver's CTP insurer.
'Not at fault' is also the strongest position a claimant can hold: with liability clear, the fight moves entirely to what your claim is worth, which is exactly where preparation and evidence pay off.
Can You Claim If The Accident Was Partly Your Fault?
Yes. Queensland applies contributory negligence — your damages are reduced by your percentage of blame, not eliminated. Disputed fault is an argument, not a verdict.
Insurers routinely overstate contribution: speed, lookout, seatbelts, road position. Courts regularly reject these arguments outright — in Saul v Machalek every contributory allegation against an injured cyclist failed. Never accept the insurer's fault split without advice.
What Is A Nominal Defendant Claim?
When the at-fault vehicle was unregistered or can't be identified — a hit-and-run — your claim runs against the Nominal Defendant, a statutory body that stands in for the missing CTP insurer.
The catch is the deadlines: notice within 3 months for unidentified vehicles, and the claim can be permanently barred after 9. You must also show 'proper search and inquiry' for the vehicle — police reports, witness appeals, dashcam canvassing. Claims genuinely die on this requirement (Shepherd v Nominal Defendant), so act in the first weeks, not months.
What If The Other Driver Was Uninsured, Unlicensed Or Drunk?
Your claim is unaffected. Unregistered vehicle: the Nominal Defendant pays. Unlicensed or drunk driver of a registered vehicle: their CTP insurer still pays — and may chase the driver afterwards, which is not your problem.
The driver's criminal proceedings (if any) are separate from your civil claim, though convictions can strengthen your evidence on fault.
Should You Accept The Insurer's First Offer?
Almost never without advice. Early offers are made before injuries stabilise and before evidence is built — precisely when claims look smallest. Once you settle, you cannot go back, even if your condition deteriorates.
The insurer's first number is an opening position, not a valuation. Our free claim check gives you an independent read on what your claim is actually worth before you sign anything away.
Frequently Asked Questions.
The insurer says I was partly at fault but I wasn't. What now?
Don't accept it. Fault is established on evidence — scene photos, vehicle damage, witness accounts, dashcam, crash reconstruction — not insurer assertion. We contest fault allocations as a matter of course and the burden is on them to prove contribution.
I was a passenger. Whose insurer do I claim against?
The CTP insurer of whichever driver was at fault — including the driver of the car you were in, even if that's family. Passengers are rarely at fault, which makes passenger claims among the strongest there are.
Does claiming affect my own insurance or premiums?
A CTP injury claim against the other driver's insurer is separate from your own comprehensive policy. Your not-at-fault property claim shouldn't cost you your no-claim status either — though insurer practices vary.
What if the at-fault driver disputes everything?
Their insurer decides liability, not the driver — and insurers concede clear liability regardless of what their insured says. Where liability is genuinely contested, the evidence we build does the talking.
Someone hit my parked car and I was injured getting out. Can I claim?
If you were injured through the driving of a motor vehicle, the CTP scheme likely applies — including loading/unloading and entry/exit scenarios. The boundaries are technical; run the facts past us for free.
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