If you’ve been injured in a car accident in Queensland while your friend was driving your car, you might be wondering whether you can claim compensation. Whether you were a passenger during a night out or involved in an unusual situation, like being accidentally run over in your own driveway, you may still have options to seek support.
In this guide we’ll explain your legal rights, the road injury claims process, and key considerations under Queensland's personal injury and compulsory third party (CTP) insurance laws.
How Passenger Injury Claims Work in Queensland
Queensland operates a compulsory third party (CTP) insurance scheme that covers people injured in motor vehicle accidents caused by someone else's negligence. This protection extends beyond drivers, it also includes passengers, pedestrians, and bystanders.
If you’re injured as a passenger in your own car, whether your friend was acting as a designated driver or simply borrowing your vehicle, you may have the right to claim compensation. In general, this applies as long as someone else was at fault.
The Motor Accident Insurance Commission (MAIC) explains that claims are made against the CTP insurer of the at-fault vehicle, not against your friend personally. This means your friend usually won’t be financially responsible for your compensation, unless they were driving unlawfully, such as without your permission or with intent to cause harm.
Common Scenarios Where You Can Claim
You're a Passenger in Your Own Car, Friend Driving
If your friend causes an accident while driving your car and you are injured as a passenger, you can claim compensation through the CTP insurer of your own vehicle. The Motor Accident Insurance Commission (MAIC) confirms that the claim is made against the insurer, not against your friend personally.
If another vehicle is at fault, your claim would be made against that vehicle’s insurer instead.
You're Injured on Private Property
Even if you are accidentally run over by your friend in your own driveway (e.g., crushed feet by a reversing ute), you may still be eligible to claim under the CTP scheme. This theory usually applies as long as the injury involved the use of a registered motor vehicle and negligence can be established.
The Motor Accident Insurance Commission (MAIC) also notes that unusual situations, such as being struck by a vehicle on private property, may still be covered. However, in this case, the incident must meet the legal definition of a motor vehicle accident under Queensland law.
Other Common Situations
- Injured while your friend was giving you a lift home after a night out.
- Hurt while helping another move a vehicle, like loading a ute or shifting a trailer.
- Struck as a pedestrian or bystander by a friend's car, even in a driveway or car park.
Serious Injuries and the National Injury Insurance Scheme
For severe injuries, such as spinal cord damage, traumatic brain injury, or amputation, you may be eligible for ongoing treatment and support through the National Injury Insurance Scheme Queensland (NIISQ). According to the NIISQ website, this support may be available regardless of who was at fault in the accident.
Key Elements of a Valid Claim
Establishing Fault
As previously mentioned, to claim compensation, someone else must be at least partially at fault for the accident. Therefore, if you contributed to the accident or the severity of your own injuries (e.g., not wearing a seatbelt), your compensation may be reduced.
Road Injury Claim Time Limits
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Queensland has strict deadlines for injury claims:
- Firstly, you must lodge a Notice of Accident Claim form with the relevant CTP insurer within nine months of the accident. If you have consulted a lawyer, the form must be submitted within one month of that consultation (whichever deadline comes first.) Our lawyers can assist you with preparing and lodging the claim.
- The absolute deadline to start a legal compensation claim is three years from the date of the accident. However, gathering reliable evidence, especially if there are disputes about who was at fault, can become much harder as time passes. That’s why it’s best to seek legal advice as soon as possible to protect your rights.
- For unidentified or unregistered vehicles, a strict nine-month time limit applies.
The Queensland Law Handbook emphasises the importance of meeting these deadlines, as failing to do so may result in losing your right to claim.
Evidence Required
To give your claim the strongest chance of success, it’s important to gather as much evidence as possible, including:
- A police report (if available).
- Medical records and details of your treatment.
- Witness statements from anyone who saw the accident.
- Photographs of the scene and your injuries.
- Proof of financial losses, such as lost income or medical bills.
What Compensation May Cover
If you win your claim, your compensation may include:
- Medical and rehabilitation expenses
- Loss of income
- Pain and suffering
- Care and support needs (for severe injuries)
What If My Friend Was at Fault?
You can claim as a passenger, but your friend (as the driver) cannot claim for their own injuries if they were at fault. Your friend's CTP insurer will handle your claim.
According to MAIC, your friend is not personally liable unless they acted unlawfully, such as driving without your permission or intentionally causing harm.
Will My Friend Be Punished If I Claim?
No, your friend will not be financially responsible for your compensation unless there was gross misconduct (e.g., intentional harm or unauthorised use of the vehicle). The claim process is handled by the insurer, not the driver personally.
Special Cases
Unregistered or Unidentified Vehicles
If the at-fault vehicle is unregistered or unidentified, such as in a hit-and-run, you may still be able to claim compensation through the Nominal Defendant, a government body that acts as the insurer in these cases. According to the Queensland Government, around 5% of all CTP claims are made against the Nominal Defendant.
Catastrophic Injuries
For severe injuries, the National Injury Insurance Scheme Queensland (NIISQ) may provide additional support, regardless of who was at fault. According to NIISQ’s 2023-24 annual insights, the scheme supports around 300 Australians with serious injuries each year.
Key Takeaways
If you've been injured while your friend was driving your car, here’s what you need to know about protecting your rights and getting the support you deserve:
- You can claim compensation if injured as a passenger in your own car when your friend is driving
- Claims are made against the CTP insurer, not your friend personally
- You must report the accident and start your claim within strict time limits
- Compensation can cover medical expenses, lost income, and pain and suffering
- Special provisions exist for catastrophic injuries through NIISQ
Next Steps - Deciding if You Need to Seek Legal Advice
Whether you need a lawyer after a passenger injury or accident in Queensland depends on the specifics of your situation. For serious injuries, complex claims, or when dealing with insurance companies, seeking legal advice can help clarify your options.
If you're considering your legal options, you can request a free case review online or call 1800 960 482.
Smith's Lawyers provides risk-free injury compensation claims across Queensland, including Brisbane, Gold Coast, Sunshine Coast, Logan, Ipswich, and regional areas such as Cairns, Toowoomba, and Townsville. All claims have no upfront costs under our No Win, No Fee, No Catch® promise.
Frequently Asked Questions
Can I claim if I was partially at fault?
Yes, you can still claim compensation if you were at fault, but the amount may be reduced. For example, if you weren’t wearing a seatbelt, your compensation is typically reduced by around 25%. Additionally, if the driver was under the influence of drugs or alcohol, whether you knew about it or not, the reduction can be up to 50%.
What if the accident happened on private property?
If the accident happened on private property, you may still be eligible to claim under the CTP scheme if the vehicle was registered and the accident involved negligence. According to MAIC guidelines, claims for injuries on private property are assessed on a case-by-case basis.
What if the at-fault vehicle was unregistered or unidentified?
You can still lodge a claim with the Nominal Defendant if the at fault vehicle was unregistered or unidentified. However, a strict nine-month time limit applies in this scenario. We recommend seeking legal advice promptly if this applies to your case.
Will my insurance premiums increase if I claim as a passenger?
Claims for personal injury are made against the CTP insurer and do not typically affect your personal insurance premiums. Remember, the claim is not against you or your friend directly.
What if my friend was driving without my permission?
In rare cases where the driver acted without permission, the insurer may seek to recover costs from the driver personally. These situations are uncommon and generally involve intentional misconduct or unauthorised use of the vehicle.
For further information or to discuss your specific situation, you can request a free case review or call Smith's Lawyers at 1800 960 482.
