Many people wrongly believe they can't claim when they are involved in a crash with an emergency vehicle. This is simply not true.
If you've been injured in an accident with a police car, ambulance, or any other form of emergency vehicle in Queensland, you can claim compensation, but the rules differ from regular crashes.
This article covers:
- When you can claim compensation after an emergency vehicle accident in Queensland
- How police cars and ambulances are treated differently under Queensland road rules
- What ‘reasonable care’ means for emergency vehicle drivers
- What you can claim, including medical expenses, lost income and pain and suffering
- The key time limits and legal steps that apply to emergency vehicle accident claims
Why Emergency Vehicle Accidents Are Different
Emergency vehicle exemptions do not mean drivers are not liable
Emergency vehicles in Queensland operate under special exemptions in the Road Rules Regulation 2009. Police cars, ambulances and fire trucks can legally exceed speed limits, run red lights and break other road rules when responding to emergencies, but only if they're using flashing lights or sirens and taking ‘reasonable care’.
This is crucial: the exemption doesn't remove their duty of care. An emergency vehicle driver can still be found to have been negligent even with the lights and sirens switched on.
Real-life scenarios:
- An ambulance driver running a red light at high speed without slowing to check for crossing pedestrians may be deemed negligent, despite having sirens on
- A police car overtaking dangerously in poor visibility without ensuring it's safe to do so can be liable for the collision
- A fire truck breaking road rules without lights and sirens activated (i.e. the driver is not responding to an emergency) has no special exemption
Queensland's fault-based system
Queensland operates a strict fault-based scheme under the Motor Accident Insurance Act 1994.
What does this mean for everyday drivers?
- You must prove the emergency vehicle driver was negligent, such as in those real-life scenarios mentioned above.
- If you are found to be primarily at fault for the accident, you are generally ineligible for CTP compensation or statutory benefits, regardless of the duration of your recovery.
This is different from no-fault schemes in other states, where evidence proving the driver’s negligence is less important.
What You Can Claim
Medical Treatment and Rehabilitation
- All necessary medical treatment is covered from day one
- Includes hospital care, physiotherapy, psychological support and prescription medication
- No upfront costs while your claim is assessed
Income Replacement
- You can claim for lost wages if another party was at fault for the accident.
- Unlike other states, there are no automatic weekly payments; compensation for lost income is typically paid as a lump sum at the end of your claim.
- You will need to provide medical evidence and financial records (e.g., payslips or tax returns) to prove your loss of earnings.
Common Law Compensation
- Compensation for pain and suffering
- Claims for economic loss, including lost income and reduced earning capacity
- Support for future treatment and care needs
- Available only if negligence is proven
Serious Injury Support
- Access to the National Injury Insurance Scheme Queensland (NIISQ)
- Support for catastrophic injuries, including:
Long-term care and support for eligible injuries
Common Scenarios
I didn't see or hear the emergency vehicle.
Can I still claim?
Yes, if the driver didn't provide adequate warning (lights, sirens) or adjust their driving to the conditions.
What matters:
- Were conditions (traffic noise, weather, obstructions) preventing you from seeing or hearing the vehicle?
- Were lights and sirens actually activated?
- Was the driver’s speed and approach appropriate for those conditions?
- What’s the verdict from witnesses? Could they hear the sirens??
Key evidence: Dashcam footage showing when lights/sirens were activated, witness statements about visibility and sound, and CCTV from the area.
The emergency vehicle had lights and sirens on.
Can I still claim?
Yes. Just because an emergency vehicle is allowed to break road rules does not mean the driver was driving safely.
What courts look at:
- Was the speed appropriate for the visibility and road conditions?
- Did the driver slow down at intersections or proceed at dangerous speeds?
- How urgent was the emergency call? (Routine calls don't justify the same risks as life-threatening emergencies)
- Were there safer ways to respond?
Important: Get an accident reconstruction expert to examine whether the driver's speed and approach were reasonable for those specific conditions. Also, request the emergency service's incident report showing the priority level of their call.
I was partially at fault.
Can I still claim?
Yes. In Queensland, you can make a CTP claim as long as you can prove another party (like another driver) was at least partially to blame.
How ‘Contributory Negligence’ Works: If you share the blame, your total compensation is simply reduced by your percentage of fault.
- Example: If you are 30% at fault, you receive 70% of the assessed compensation.
- No 50% Threshold: Unlike some other states, you do not lose your right to a claim just because you were more than 50% responsible, provided another party shared the negligence.
Important Note for At-Fault Drivers: If you are found to be 100% at fault, you are generally not entitled to CTP compensation. In these cases, you would rely on personal sick leave, private insurance, or the National Injury Insurance Scheme Queensland (NIISQ) if your injuries are catastrophic.
Don't admit fault at the scene: liability is complex and requires legal analysis. Document all factors that contributed to the accident on both sides.
The emergency vehicle didn't stop after hitting my vehicle.
Is my claim still valid?
Yes. Emergency vehicles may need to continue to urgent calls, but you still have rights.
Act immediately:
- Call 000 to report the accident and ask for the police to attend the scene
- Record the vehicle's details (service type, vehicle number, direction, time)
- Get witness statements in writing
- Visit a police station within 24 hours if the police didn't attend
- Remove the memory card from the dashcam in your car (if you have one), ask for dashcam data from the police vehicle(s) that attended and request CCTV footage from nearby businesses or traffic cameras
Time-sensitive: Footage may be kept only for limited periods under the relevant public records and retention policies, so taking early action is important.
I was a passenger in the emergency vehicle.
Can I claim?
Yes. Police officers, paramedics, patients or family members being transported can claim if the driver's negligence caused their injuries.
Your advantage: As a passenger, you typically bear no fault, which strengthens your claim.
What you need:
- Medical documentation of your injuries
- The emergency service's incident report
- Any findings from internal investigations
- Evidence that the driver breached emergency service policies
No lights or sirens were activated when the emergency vehicle hit my vehicle.
Does this help my claim?
Significantly. Without lights and sirens, the vehicle loses its exemptions and is treated as an ordinary vehicle.
This means:
- The driver has no special exemption from road rules
- Standard negligence principles apply
- Liability is much easier to establish
Critical evidence: This can include witness confirmation about whether lights or sirens were actually on, dispatch records showing how urgent the call was, and evidence that the driver breached normal road rules.
What You Must Do
Immediately after the accident
Get medical attention within 24 hours. Even if your injuries seem minor, some symptoms appear much further down the line, and delays let insurers argue injuries aren't serious.
Document everything:
- Photos of your damaged vehicle, road conditions, traffic signals, skid marks, and debris
- Positions of the crashed vehicles before they are towed away by the police
- Weather conditions and visibility
- Witness names, phone numbers and written statements
- Whether you heard sirens or saw lights
Report to the police if they didn't attend. Call Policelink on 131 444 or attend your nearest station within 24 hours.
Before talking to insurers
Get legal advice first. What you say early on can significantly affect your claim's value. Insurers may use your words against you later, even seemingly innocent statements made at the time of the accident.
Don't provide detailed statements or sign documents until you've spoken to a lawyer who understands emergency vehicle claims.
Documents to gather
- Complete medical records from all treating providers (doctors, physios, etc.)
- Police report (even if just a report number initially)
- Photos and videos from the scene
- Witness statements
- Your detailed written account of what happened
- Payslips showing pre-accident income
- All receipts for accident-related expenses (taxis, prescriptions, etc.)
Compile your accident evidence pack within 48 hours while memories are fresh.
Critical Deadlines
Within 9 months: Submit Notice of Accident Claim Form to the CTP insurer. Missing this deadline can mean your claim being rejected entirely.
Within 3 years: File court proceedings if a settlement can't be reached. This is a strict deadline: claims started after 3 years are usually dismissed.
If in doubt, protect your rights early on by submitting the documents on time.
Legal Framework
The Motor Accident Insurance Act 1994 (Qld) establishes Queensland's fault-based CTP scheme. The Transport Operations Road Rules provide emergency vehicles with conditional exemptions from certain road rules, but these exemptions don't eliminate the requirement for ‘reasonable care’.
Recent ‘move over and slow down’ laws have introduced penalties for failing to slow to 40km/h when passing stationary emergency vehicles with flashing lights, creating potential contributory negligence factors in accident claims. Always make sure you follow the rules.
Warning Signs You Need Help
Act immediately if:
- The emergency service contacts you, asking for statements or requesting that you sign documents
- Your injuries are worse than first thought, you underwent surgery, have ongoing pain or can’t return to work
- The insurer offers a quick settlement (early offers almost always undervalue claims)
- You receive a denial letter saying you were at fault
- You're approaching the 9-month deadline
Common mistakes that damage claims:
- Admitting fault or apologising at the scene of the accident
- Failing to photograph the scene just after the incident
- Assuming you can't claim because the lights and sirens were on
- Delaying or missing medical appointments
- Accepting the first settlement offer
When to Get Legal Advice
Get advice early, especially if:
- The emergency vehicle was using lights and sirens (these cases need specialist knowledge)
- There's any dispute about fault
- You've suffered significant injuries
- The emergency vehicle didn't stop after causing the accident
- You're unsure about the process
Why early advice matters:
- Understand your full rights under Queensland's complex fault-based system
- Access rehabilitation and support services sooner
- Avoid common pitfalls like missing deadlines or providing damaging statements
- Preserve critical evidence before it disappears
- Get expert guidance before time limits expire
Key Takeaways
- Emergency vehicles must take ‘reasonable care’ even when breaking road rules. You can claim if they didn't
- Queensland's fault-based system requires proof of negligence, making evidence collection in the first 48 hours critical
- In Queensland, there is no threshold by which you can be denied your chance to make a claim
- The 9-month deadline for the Notice of Accident Claim Form is strict. Don't wait; it might be too late
- Evidence disappears quickly, especially when emergency vehicles don't stop following an accident. Photograph everything and identify witnesses immediately
- Having lights and sirens on doesn't automatically mean the driver wasn't negligent
Get Help Now
If you've been injured in a road accident with a police car, ambulance or fire truck, early legal advice helps you understand your rights and protect your compensation.
Emergency vehicle accidents involve unique legal complexities surrounding exemptions from road rules and how Queensland courts assess emergency driving situations. Don't make costly mistakes that could reduce or even deny you compensation.
Contact Smith's Lawyers today:
- Call 1800 960 482 for a free consultation with a Queensland personal injury lawyer
- No upfront costs: We work on No Win, No Fee, No Catch® basis
- Or request a call back: Use the form below to arrange a time that suits you
Don't let uncertainty about your rights prevent you from claiming the compensation you deserve.
