Can I claim for an injury if friend crashes my car?


If your friend was at fault, they can’t make a claim for injury to themselves because a claim for compensation can only be made against someone else if they breached their duty of care to you.

If you as the owner of the car were a passenger, you can claim against your CTP because you weren’t the negligent driver.

However, if your friend was not at fault, then they can make a claim against the driver who was. You will not be liable for any injuries sustained by your friend unless you were the negligent one. For example, if you didn’t properly maintain your vehicle or it was unroadworthy and this caused the accident.

It's important to keep in mind that if you are injured and you were not wearing a seatbelt there is an automatic co-contribution of 25% to the liability, which basically means you lose 25% of your settlement.

If you are injured as a passenger and the driver of the vehicle you were in is found to be under the influence, there is also an automatic co-contribution of 50% to the liability, whether you were aware the driver was under the influence or not.

Last updated:
February 22, 2024

Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.

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