Property damage disputes
During a motor vehicle accident, property such as another car or a house can be damaged. The person who caused the accident is responsible for paying for the damage. If they have insurance this will be managed by their insurance company.
If the person who caused the accident does not have insurance and does not pay you for the damage, or their insurance company refuses to pay their claim, you can:
- negotiate with them to agree when and how they will pay for the damage, or
- apply to QCAT to resolve the dispute.
QCAT hears property damage disputes which are valued up to and including $25,000. Property damage disputes valued over $25,000 are managed by the courts.
If the police investigated your accident you can get a copy of the Traffic Accident Report for a small fee from CITEC Confirm by:
- calling 07 3222 2700 if you live in Brisbane
- calling 1800 773 773 if you live outside of Brisbane
- visiting their website.
Queensland legislation related to property damage disputes includes the:
- Agents Financial Administration Act 2014
- Motor Dealers and Chattel Auctioneers Act 2014
- Property Occupations Act 2014
- Queensland Civil and Administrative Tribunal Act 2009.
The Acts are available from the Office of the Queensland Parliamentary Counsel.
Decisions about property damage disputes made by QCAT after 1 December 2009 can be found in the other minor civil dispute matters section of the Supreme Court of Queensland Library.
Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.