What to Do if Your Car is Damaged and You Don’t Have Insurance in Queensland

Being involved in a car accident is stressful. If your car is damaged and you don’t have insurance, that stress can multiply quickly.

Whether the at-fault party has insurance or not, there are still steps you can take to seek compensation.

Here’s what you need to know in Queensland.

The At-Fault Driver Has Insurance

If the other driver was clearly at fault and they have car insurance, you may be able to claim directly through their insurer for your repair costs.

This typically involves :

• Getting their details at the accident specifically their registration number and their insurer.
• Obtaining quotes for your vehicle repairs.
• Contacting their insurer to lodge a third-party claim.

You may need to provide a police report or a statutory declaration, especially if the insurer disputes liability.

Keep all evidence of the accident, including photos, witness contact details, and communications with the other driver.

If their insurer is slow to respond or denies your claim, you may need to consider sending a Letter of Demand or consulting a lawyer to assist in recovering damages.

The At-Fault Driver is Uninsured or Refuses to Pay

If the other party doesn’t have insurance or refuses to cooperate, your options include :

• Sending a formal Letter of Demand asking for payment within a set timeframe.
• If they ignore the demand, you can file a claim in QCAT (Queensland Civil and Administrative Tribunal) if the damage is under $25,000.
• If the amount exceeds QCAT’s jurisdiction, you may need to initiate proceedings through the Magistrates Court.

What If You Can’t Afford Repairs or Legal Costs?

If you’re experiencing financial hardship, you may be eligible for free legal advice or assistance :

• Caxton Legal Centre provides free legal advice to eligible individuals.
• Legal Aid Queensland may also offer support depending on your circumstances.

You might also negotiate a payment plan directly with the at-fault party, especially if court action is impractical.

Tips to Strengthen Your Case

• File a police report promptly, especially if the other driver was reckless or uncooperative or you sustained personal injuries.
• Collect detailed evidence from the scene, including time, weather and road conditions.
• Keep a record of all repair quotes, correspondence, and out-of-pocket expenses.

Should I Get a Lawyer For the Car Damage?

If the damage is minor and the at-fault party is cooperating, you may be able to resolve the matter yourself using a Letter of Demand or through QCAT without incurring the costs of a lawyer.

However, you should seek legal advice if :

• The at-fault party disputes liability.
• You’re unsure of your legal rights or next steps.
• The repair costs are significant.

You will need a civil litigation lawyer to help with property damage claims.

At this time, Revolution Law does not act in civil litigation to regroup costs for car repairs unless we are acting for you on a No Win No Fee basis for an injury you have suffered as a result of the accident.

Need Help? Contact Revolution Law

At Revolution Law, we offer practical, down-to-earth advice for people who need help dealing with vehicle damage as part of an injury claim.

If you’ve suffered an injury in the accident, even a soft tissue one – you need to speak with our team. We work on a no win, no fee basis and provide obligation-free claim assessments.