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Property damage disputes

If a motor vehicle accident damages property the person who caused the accident is responsible for paying for it. If they have insurance, their insurance company will manage this.

If the person who caused the accident does not have insurance and cannot immediately pay you the total cost of 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. The courts manage property damage disputes valued at more than $25,000.

If a motor vehicle did not cause the damage to property, then you may wish to seek legal advice about your options.

Guidelines

If the police investigated your accident, you can receive 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.

Legislation

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

You can access published reasons and decisions through the Supreme Court Library of Queensland.

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.

Last reviewed
14 June 2017
Last updated
14 June 2017

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