Trailer-Blazers – Trailers, Caravans, and Motor Vehicle Accidents

Taking a caravan or trailer out for a weekend away is one of our favourite past times as Queenslanders. There are, however, several important laws that need to be observed when towing in Australia:

• A “trailer” is defined in the Motor Accident Insurance Act 1994 (Qld) as a vehicle without motive power designed to be hauled by a motor vehicle.1 They include virtually anything from boat trailers to horse floats.
• Whatever you tow has to be registered and must be in a roadworthy and safe condition to be towed.
• Motorists must include a rear number plate that is visible and unobstructed from behind.
• Only one trailer may be towed.
• Passengers are forbidden from driving in trailers.

My Vehicle’s Maximum Towing Weight

A vehicle’s maximum towing capacity will be listed in the driver’s manual, however, you also need to be aware of the maximum towing weight of your tow ball. The load that your tow ball can safely withstand is usually around 10% of your vehicle’s maximum towing capacity, but this can vary depending on the specific tow ball.

Car Accidents Involving Towing

The Motor Accident Insurance Act 1994 (Qld) sets out that “if a trailer is attached to a motor vehicle registered in Queensland or runs out of control after becoming accidentally detached from a motor vehicle, the trailer must be regarded as part of the motor vehicle and the insurer of the motor vehicle is the insurer of the trailer”. In any other case, however, the insurer of the trailer registered in Queensland is the Nominal Defendant. The one exception to this is if the car accident involving a trailer has a GVM of more than 4.5 tonnes and happens outside the state of Queensland, then the Nominal defendant is not the insurer of the trailer.1

Personal Injury 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.