Blame it All On Me – What Happens if another driver admits fault after my car accident?

There are two main things that need to be worked out during every CTP personal injury claim in Queensland – Liability (i.e. sorting out who is at-fault for the car accident) and Quantum (i.e. the value of the claim in terms of compensation/damages).

Sometimes, after a car accident, the driver of the vehicle that you believe to be at fault for the car accident, apologises to you after the accident. A common question is whether this expression of regret for the circumstances of the car accident is enough to resolve the issue of Liability in your favour.

The Motor Accident Insurance Act 1994 (Qld) does not contain any specific reference to post-car accident apologies, but the relevant law can be found in the Civil Liability Act 2003 (Qld). Pursuant to section 71 and 72 of the CLA, an expression of regret is an oral or written statement expressing regret for the incident to the extent that it does not contain an admission of liability on the part of the individual or someone else. Importantly, expressions of regret by an individual in relation to a car accident are not admissible.

Because apologies are not admissible, liability for your CTP claim will usually be resolved with reference to the following factors:

• What are the material facts giving rise to the car accident?
• What evidence – i.e. photographs, statements from witnesses, police reports, reports from independent liability investigators – is available?
• What are both drivers saying about the circumstances relating to the car accident, and are they willing to put it in to a Statutory Declaration.

Car Accident Claims

At Claimwise our mission is to help you save money on your legal fees. By starting your CTP claim with a traditional ‘No Win, No Fee’ law firm your total legal fees can end up being $10,000 or more higher than by using us.

If you or someone you know have been injured on the road in Queensland and want to keep your legal costs down, feel free to get in touch with us.

Be smart, claim wise.