I Caused A Car Accident – Can The Person I Hit Make A Claim Against Me? Can I Make A Claim For My Injury?

“I hit another car whilst driving and suffered injury.  Can the person that I hit make a claim against me?  Can I make a claim for personal injury?”

It really depends on the circumstances.  In practice, this question has 2 parts to it.

Firstly, all claims for personal injury are lodged against CTP insurers under a policy at time of vehicle registration or registration renewal. So you will be covered if you are driving a registered vehicle – provided you were not intoxicated at the time.

Secondly, whether you can make a claim would depend on the circumstances. In Queensland, we operate under a fault-based system.

By way of an example:

In the case of Rickard v Falls and FAI Insurance Ltd, the claimant sustained a lower back injury when he drove the vehicle into the back of the vehicle in front. The claimant argued that the driver in front had braked heavily and for no apparent reason. The judge had found on those facts that Mr Rickard was responsible for a 60% apportionment of the total blame, therefore compensating him for 40% of the total ‘worth’ of his claim.

The point is, it is not always clear cut exactly how fault can be attributed, legal advice on whether you are entitled to a CTP claim may be required.

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