Can you make an at fault car accident claim in Queensland? (2026)
An at fault car accident claim through CTP is generally not possible in Queensland if you alone caused the crash. The scheme is fault-based. If another driver was partly at fault, you can still claim, though the insurer may reduce your compensation. NIISQ may fund care for eligible serious injuries regardless of fault.
Key takeaways
Why does fault matter in a Queensland car accident claim?
Fault matters because Queensland’s CTP scheme only pays when someone else caused the injury, at least in part. Section 5 of the Motor Accident Insurance Act 1994 sets the test. Specifically, the Act applies only if a wrongful act or omission of someone other than the injured person caused the injury, wholly or partly.
MAIC describes this as a common law, fault-based scheme, so a claimant must prove fault. In other words, an injured person must prove that another driver was at fault to receive compensation. MAIC notes that this differs from some other states, such as Victoria, which run no-fault schemes.
So an at fault car accident claim turns on one question: did someone else contribute to the crash? For the wider claim process, see our guide to car accident claims in Queensland.
Is a car accident claim possible if the crash was entirely your fault?
If the car accident was entirely your fault, a CTP claim for your own injuries generally won’t succeed. MAIC says the insurer is unlikely to accept your claim if you were totally at fault. The same applies when no one was at fault. For example, a single-vehicle crash involving only your car is MAIC’s example of a no-fault accident.
However, your CTP insurance still protects other people. If you injured a passenger, pedestrian or another driver, they can claim against your vehicle’s CTP insurer. MAIC explains that CTP gives vehicle owners and drivers financial protection when they cause an accident that injures someone.
Can you claim if the car accident was partly your fault?
Yes. MAIC says you can still make an at fault car accident claim if you were only partly to blame. However, the insurer may reduce your compensation. Lawyers, in turn, call this contributory negligence.
The insurer must also put a number on it. Within 6 months of a compliant notice, MAIA s 41 requires the insurer to say whether it admits liability. If it claims contributory negligence, it must then state the degree as a percentage.
Courts judge your conduct by the same test as other people’s, though. Under Civil Liability Act 2003 s 23, the standard is a reasonable person in your position. It depends on what you knew, or ought to have known, at the time. In addition, s 24 lets a court cut damages by 100% if that is just and equitable. That defeats the claim.
How does a contributory negligence reduction work?
A reduction cuts your assessed damages by the percentage of blame given to you. The Act itself also gives a worked example. In MAIA s 51(9A), responsibility is split equally, so damages fall by 50%.
|
Step in the s 51(9A) example |
Amount |
|---|---|
|
Damages before apportionment, excluding rehabilitation |
$20,000 |
|
Add the insurer’s rehabilitation spending |
$5,000, giving $25,000 |
|
Reduce by 50% for contributory negligence |
$12,500 |
|
Set off the $5,000 rehabilitation already paid |
$7,500 final award |
Do alcohol or drugs change an at fault car accident claim?
Yes. Alcohol or drugs can lead to a presumed reduction. Under Civil Liability Act s 47, the law presumes contributory negligence if you were intoxicated and the defendant alleges it. Unless you rebut that, damages fall by at least 25%.
For an injured driver, the minimum rises to 50% at a blood alcohol level of 150mg or more per 100mL. The same applies if the driver was too affected by alcohol or a drug to control the vehicle.
Passengers face similar rules, too, so care matters. Say you were 16 or older and relied on a driver you knew, or ought to have known, was drunk. Then s 48 presumes contributory negligence of at least 25%. If you rode in that driver’s car, s 49 lifts the minimum to 50% at the same impairment levels.
Separately, the insurer may recover its costs from an insured driver too affected by alcohol or drugs to drive (MAIA s 58(3)). Also, CLA s 45 can bar damages where the injured person’s indictable offence materially added to the risk.
Can passengers claim when the car accident was the driver’s fault?
Generally, yes. MAIC says pedestrians, passengers, cyclists and drivers may claim against the insurer of the vehicle that was partly or wholly at fault. That can be the CTP insurer of the car the passenger was travelling in.
This works because s 5 looks at fault by a person other than the injured person. A passenger is not the driver, so the driver’s fault can support the passenger’s claim. In fact, MAIC’s Nominal Defendant data records claims by a “passenger – at fault vehicle”.
So if you caused the crash, your passengers may still have an at fault car accident claim against your insurer. Their own conduct can still reduce their damages, such as riding with a drunk driver.
What help is there for serious injuries, whoever was at fault?
Even so, the National Injury Insurance Scheme Queensland (NIISQ) may help. NIISQ is a no-fault scheme. It funds necessary and reasonable treatment, care and support for eligible serious injuries. The motor vehicle accident must have happened in Queensland on or after 1 July 2016.
NIISQ lists the eligible injury types. They are permanent spinal cord injuries, traumatic brain injuries, multiple or high-level amputations and permanent brachial plexus injuries. Severe burns and permanent blindness from trauma are also on the list. Each type also has detailed medical criteria.
Because NIISQ ignores fault, it can help even where no car accident claim against an insurer is possible. Importantly, NIISQ pays for services, such as treatment, rehabilitation, attendant care, aids and home modifications. It does not replace a CTP claim for other losses where someone else was at fault. Eligible people initially become interim participants for up to two years. After that, NIISQ reviews whether they stay on a lifetime basis.
How are fault disputes in a car accident claim resolved?
Disputes about fault in a car accident claim start with the insurer. MAIC suggests discussing the decision first, then asking the insurer for an internal review. You can also provide more accident details or get independent legal advice.
However, MAIC can’t decide who was at fault in an individual claim. If you and the insurer can’t agree, a court may have to decide. Because of that, a fault dispute is one situation where MAIC suggests legal advice may help. Our lawyer vs claiming directly guide sets out the options neutrally.
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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