If a motor vehicle damages property, the person who caused the accident is responsible for paying for it. QCAT considers applications about property damage caused by a motor vehicle when a dispute arises up to $25,000.
(This amount is prescribed in Schedule 3 of the Queensland Civil and Administrative Tribunal Act 2009).
The below information will help you to learn more about property damage caused by a motor vehicle, how to make an application when a dispute arises and key information you need to know if you are an applicant or respondent in a case.
What do you need to know about disputes relating to property damage caused by a motor vehicle?
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 below to resolve the dispute
QCAT hears property damage disputes which are valued up to and including $25,000 (excluding interest).
If you have suffered property damage from something other than a motor vehicle, then you may wish to seek legal advice about your options.
When can a dispute about property damage caused by a motor vehicle application be made?
An application about property damage caused by a motor vehicle can be made when:
- the property damage caused by a motor vehicle is not more than $25,000 (excluding interest); and
- the damage to property was caused by a vehicle, or arose out of the use of a vehicle (including damage to a house or a car)
When can a dispute about property damage caused by a motor vehicle application not be made?
An application about property damage caused by a motor vehicle cannot be made if the amount claimed exceeds QCAT’s monetary limit:
QCAT cannot decide disputes involving claims worth more than $25,000 (excluding interest).
If the amount sought is more than $25,000, the applicant may choose to reduce the claim to $25,000 to enable it to be lodged with QCAT.
Disputes involving amounts worth more than $25,000 are heard by other courts. Claims for amounts:
- up to $150,000 can be commenced in the Magistrates Court
- between $150,000 and $750,000 can be commenced in the District Court
- for any amount over $750,000 can be commenced in the Supreme Court
The applicant should seek independent legal advice about how to proceed.
An application about property damage caused by a motor vehicle also cannot be made if:
A motor vehicle did not cause the damage to property. The applicant should seek independent legal advice about how to proceed.
Is there a time limit for filing an application relating to property damage caused by a motor vehicle?
The Limitation of Actions Act 1974 (Qld) imposes limitation periods in Queensland to commence a civil proceeding within 6 years of the incident happening.
Please ensure you confirm your dispute falls within the relevant time limit before making an application to QCAT.
What is the process for disputes about property damage caused by a motor vehicle?
Before you begin the dispute process, it is important that the applicant and respondent understand their obligations and how a case is progressed by QCAT.
How will your dispute be resolved at QCAT?
QCAT considers disputes about property damage caused by a motor vehicle in two ways:
- if your claim amount is less than $1,500, your matter will be listed for a hearing, without the need for mediation
- if your claim amount is greater than $1,500, your matter will be listed for a mediation, and if not resolved, listed for a hearing
Mediation is a timely dispute resolution service in which a mediator assists parties to discuss their differences and find a solution that suits all parties to the dispute.
The mediator acts as an independent third party and guides the participants through a structured mediation process. The mediator is not there to make a decision about who is right or wrong, but rather, assists both parties in reaching an agreement.
If the parties do reach an agreement, the mediator may record the terms of the agreement in writing and each party will then sign the mediation agreement and receive a copy.
The parties may request that the agreement be made an order of QCAT.
If no agreement is reached at mediation, the matter will be set down for hearing on a different day.
What orders can I ask QCAT to make in my case?
In disputes relating to property damage caused by a motor vehicle you can ask QCAT to make orders relating to the following:
- a payment of money to you
- relief from payment of money
- costs of transporting a motor vehicle to the respondent if relevant to the claim; and
- payment of filing fees
When you start the application process below you will be asked to complete this section in the application form.
If you are the respondent in a dispute about property damage caused by a motor vehicle
If you have received an application about a dispute relating to property damage caused by a motor vehicle and you are named as the respondent, it is important to understand the process you need to follow. You must:
- read the above information and follow the link below to understand the QCAT process and how the case will be progressed to a final hearing; and
- file your written submissions and any supporting documents in response to the application or, file a counter application if required
How long may QCAT take to finalise your consumer and trader dispute?
The time for QCAT to finalise a case may vary depending on QCAT’s workload and the number of steps to be completed by parties as required by QCAT to resolve the dispute. The current average time to consider a minor civil dispute and finalise your case can be found on our expected timeframes page.
***Disclaimer – The above information was taken from the Queensland Civil and Administrative Tribunal website as accurate in October 2024. If any changes are made by the court from that date they may not be reflected in this post
