If you're injured by an autonomous or self-driving vehicle in Queensland, your current legal rights are a little murky. Queensland's fault-based CTP insurance system wasn't designed for accidents where no human is driving, creating significant uncertainty about who is liable for your injuries.
Fully autonomous vehicles are still illegal for public use in Australia as of 2025, but there are trials underway for their integration. In the event a self-driving car causes an injury, Queensland's current Motor Accident Insurance Act 1994 doesn't provide clear protection for establishing who's at fault.
This article is a deep dive into your rights under Queensland law, what's changing with the proposed 2026 Automated Vehicles Safety Law and what you should do if you're injured by an autonomous vehicle.
Understanding Autonomous Vehicle Accidents in Queensland
What counts as an autonomous vehicle?
An autonomous vehicle uses sensors, cameras and software to control driving functions without human input.
Under the National Transport Commission's Guidelines for Trials of Automated Vehicles, vehicles must have a permit to operate; there must be a present and attentive "nominated expert driver" who is fully licensed and must monitor the driving task and be ready to take control; and all standard road rules still apply.
Why is liability so unclear?
Queensland operates under an "at fault" CTP scheme in which you can only claim if someone else was at fault. This creates major problems with autonomous vehicles because:
- The traditional fault model breaks down when there's no human actively driving
- Under the Motor Accident Insurance Act, your injury must be the result of "a wrongful act or omission in respect of the vehicle by a person other than the injured person"
- When driving decisions are made by a computer, proving a wrongful act by a "person" becomes extremely difficult
Your Rights and Entitlements
What you may be entitled to claim:
- Medical expenses and rehabilitation costs for treatment of any and all injuries caused by an accident involving an autonomous vehicle
- Income lost as a result of your injuries, both past and future
- Pain and suffering for physical pain, emotional distress and reduced quality of life
- Care and assistance, especially if you need help with daily activities due to your injuries
- TPD superannuation benefits through your super fund in the event you become totally and permanently disabled
Key deadlines:
- 9 months: notice period to notify CTP insurer of your claim
- 3 years: limitation period to start legal proceedings for a CTP claim
- 2 years: limitation period for TPD superannuation claims (from the date you become disabled)
- 6 years: potential limitation period for product liability claims against manufacturers
Common Scenarios and Questions
I was hit by a car with self-driving features active, can I claim CTP?
The viability of your claim in this case will depend largely on whether a human should have intervened and who was technically "in control" when the crash took place. If a human "driver" failed to take control when required, you may have a stronger traditional CTP claim. If the system was fully autonomous and failed, there may be a coverage gap, depending on whether a wrongful act or omission by a person can be proved.
The owner says they weren't driving so they're not liable, is this true?
Not necessarily. Vehicle owners can still be liable for negligent maintenance, such as failing to install software updates and making unauthorised modifications. Investigate whether the owner failed to maintain the vehicle according to manufacturer specifications or allowed it to operate in autonomous mode despite it being unsafe or illegal.
Can I sue the manufacturer if their technology malfunctioned?
Yes, although product liability claims are generally more complex and expensive than CTP claims, so it’s important to seek legal advice as soon as possible. The upcoming Automated Vehicles Safety Law will make manufacturer liability clearer by 2026.
I was a passenger when the autonomous vehicle crashed, who do I claim against?
CTP doesn't cover injuries suffered by the "at-fault driver" under Queensland's fault-based system, so you will need to determine if another vehicle was involved and at fault, explore public liability claims against the owner and/or manufacturer and investigate TPD superannuation benefits (if your injuries prevent you from working).
The vehicle was being tested as part of a trial. Does this change my rights?
Yes. Trial vehicles must have insurance coverage and operate under strict safety management plans, as outlined in the NTC's automated vehicle program. You must find out if the trial had proper authorisation, get copies of the safety plan and insurance details and explore claims against both the trial operator and manufacturer.
Step-by-Step Process If You're Injured
- Seek immediate medical attention. Your health should be the number one priority. Medical records also help establish the link between the accident and your injuries.
- Report to the police. Ensure the report specifically documents that the vehicle was operating in autonomous mode, as well as which level of automation was active.
- Preserve critical evidence immediately. Request the vehicle's event data recorder logs, software version number and any system alerts displayed. This data may be overwritten if you don’t get it quickly.
- Photograph everything. Document the accident scene, damage to the vehicle, any dashboard warnings and the autonomous system interface.
- Identify all potentially liable parties. Get the vehicle owner's details, manufacturer information, software developer and any trial program operators.
- Give formal notice within 9 months. Notify the vehicle owner's CTP insurer in writing within 9 months of the accident to protect your legal rights.
- Engage specialised legal representation. Contact lawyers experienced in both CTP claims and autonomous vehicle liability issues as quickly as possible.
- Arrange independent technical assessment. Your lawyer should find automotive engineers and/or software experts to analyse the vehicle's data in support of your claim.
Documents You'll Need
- Event data recorder logs showing what the autonomous systems were doing when the accident occurred
- Software version and update history proving which version was installed and whether updates were fully completed
- Vehicle maintenance records showing whether the autonomous systems were properly maintained
- Trial authorisation documentation if the vehicle was part of a testing program
- Medical records and reports documenting all injuries, treatment and prognosis
- Police accident report showing that the vehicle was in autonomous mode
- Witness statements from anyone who saw the accident
Legal Framework
Primary legislation: the Motor Accident Insurance Act 1994 (Qld) governs CTP claims. It requires injuries stemming from a wrongful act or omission by a person other than the injured party, or a vehicle defect causing loss of control. MAIC's legislation page has the related regulations.
Queensland's fault-based system creates significant barriers for autonomous vehicle claims where no human was actively driving. Your claim must prove negligent maintenance by the owner, failure to update systems, or a manufacturing defect.
Coming changes: the Automated Vehicles Safety Law (AVSL) is expected to come into effect by the of 2026, and will shift liability from human drivers to the "Automated Driving System Entity" (ADSE), which is typically the manufacturer's Australian-based corporation responsible for the system's safety.
When to Seek Legal Advice
You should always seek legal advice as early as possible in the event you are injured by an autonomous or self-driving vehicle, especially if:
- The car accident involved a vehicle in an autonomous vehicle trial program
- You're facing disputes about who was in control of the vehicle
- You need to secure technical evidence before it's lost
- Your injuries are serious or long-term, potentially affecting your ability to work
- Multiple parties are involved and liability is unclear
- You're approaching the 9-month notice deadline
Key Takeaways
- Queensland's CTP system has significant gaps in cases involving autonomous vehicle accidents because it requires proving fault by a person
- Multiple parties may be liable, including the vehicle owner, manufacturer and/or "driver"
- Critical evidence must be preserved immediately, especially event data recorder logs
- Major legal changes are coming in 2026, with the Automated Vehicles Safety Law shifting responsibility to manufacturers
- Don't assume you have no claim just because the vehicle was in autonomous mode
Get Help Now
If you've been injured by an autonomous or self-driving vehicle, getting early legal advice is essential. The technical evidence required and unclear liability make these among the most challenging motor accident claims.
Contact Smith's Lawyers today:
Call 1800 960 482 for a free, no-obligation consultation with experienced lawyers who are experts in both Queensland CTP claims and the emerging complexities of autonomous vehicle liability.
No upfront costs: we operate on a No Win, No Fee, No Catch® basis.
Comprehensive representation: we handle Queensland common law CTP claims and TPD superannuation insurance claims Australia-wide.
