Have you been in an accident?—A guide to help you work out who pays for the damage

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QCAT has recently updated its forms, and we are currently reviewing our legal information guides and online content, including sample QCAT forms. You can find the new QCAT forms on their website 

Disclaimer:

This guide is intended to provide you with information only. If you have a legal problem, you should get legal advice from a lawyer. Legal Aid Queensland believes the information provided is accurate as at August 2019 and does not accept responsibility for any errors or omissions.

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We are committed to providing accessible services to Queenslanders from all culturally and linguistically diverse backgrounds. If you would like this publication explained in your language, please telephone the Translating and Interpreting Service on 13 14 50 to speak to an interpreter. Ask them to connect you to Legal Aid Queensland. This is a free service.

How this guide can help me

This guide can help you if there has been an accident and:

Yes. You must make your claim within six years from the accident date. But it is usually easier to make a claim soon after the accident, while the evidence is fresh in the minds of your witnesses.

If someone was injured in the accident and wants to claim compensation for injuries, you should talk to a lawyer quickly and get legal advice. This guide does not provide information on this topic.

Yes. This booklet contains general legal information, not legal advice. For legal advice about your problem, you need to talk to a lawyer. You can call Legal Aid Queensland on 1300 65 11 88 to get free legal information and advice.

My vehicle (or other property) was damaged in a car accident—what should I do?

What happens at the hearing?

Before anyone provides evidence to the tribunal, they will be asked to swear an oath on a holy book or affirm (promise) to tell the truth. It is a crime to give false evidence before the Queensland Civil and Administrative Tribunal (QCAT).

When giving evidence, it is important to make sure what you say is relevant and to the point. Present your case in a business-like manner. Even though you might be upset or nervous about the situation, emotional outbursts will not help your case so try to keep calm.

What if I can't come to the hearing?

The tribunal may continue with a hearing in your absence so if you cannot attend you have several options which are listed below.

• If you or any of your witnesses can't come to the tribunal on the set date, write to the tribunal as soon as possible, telling them why your witnesses can't attend (you must have a good reason) and ask for another date for the hearing.
• You may apply to the tribunal to attend the hearing by remote conferencing. You will need to complete and lodge an Application for attendance at hearing, compulsory conference or mediation by remote conferencing, which is available on the QCAT website. The application contains instructions for completing. You will need to explain why you cannot attend the tribunal in person and whether you intend to attend by videoconferencing or teleconferencing.
• You can ask the tribunal to allow a person of your choice to represent you at the hearing. To do this, lodge an Application for leave to be represented (Form 56), which is available on the QCAT website. The application contains instructions for completing. Even when someone represents you, you still need to send your affidavit to the hearing.

1. The claimant tells their story and gives their evidence

The adjudicator will invite the claimant to tell their side of the story under oath. The adjudicator may ask questions at any time during the presentation.

When the claimant has finished giving evidence, the adjudicator will invite the respondent to ask the claimant questions.

2. The claimant's witnesses give their evidence

The claimant's witnesses will be called into the room one at a time to tell their story under oath. The adjudicator may ask questions at any time during their presentations.

When each witness has finished giving evidence, the adjudicator will ask the respondent if they have any questions to ask the witnesses.

3. The respondent tells their story and gives their evidence

Now it is the respondent's turn to tell their side of the story under oath. As before, the adjudicator can ask questions at any time.

When the respondent has finished presenting their side of the story, the adjudicator will invite the claimant to question the respondent.

Even if you disagree with what the other person is saying, do not interrupt. Take notes about anything you disagree with, so you can raise these issues when it is your turn to question the other person.

4. The respondent's witnesses give their evidence

The respondent's witnesses are then called into the hearing room one at a time to give their evidence.

Again, the adjudicator may question the witnesses at any time while they provide their evidence.

When the respondent and the adjudicator have finished questioning the respondent's witnesses, the claimant may also question them.

The adjudicator's decision

Having heard all sides of the story, the adjudicator will make a decision (usually immediately, but sometimes at a later date).

They will then make an order that reflects their decision and that both parties must follow. If the adjudicator fully agrees with the claimant's case, it is likely they will order the respondent to pay the claim. If they only agree with part of the case, it is likely they will order the respondent to pay a percentage of the claim.

The Appeal Tribunal hears appeals from the QCAT decisions. Before you can appeal a decision by the tribunal, you must ask the Appeal Tribunal for permission to appeal by completing and lodging an Application for leave to appeal or appeal (Form 39), which is available on the QCAT website. The application contains instructions for completing. You will also have to pay the appeal fee.

You can appeal the decision on a:

• question of law
• question of fact
• question of mixed law and fact.

Your appeal does not stop the original QCAT decision being enforced. In some cases, the QCAT or the Court of Appeal can make an order staying, or temporarily stopping, the original decision from being carried out until the appeal has been finalised. Make sure to get legal advice before you appeal a decision.

What if the hearing took place and I could not be there?

Contact the QCAT to find out the decision and order made by the adjudicator.

If you had a good reason for not being able to go to the hearing, but could not tell the tribunal, you can apply for another hearing date by lodging an Application for reopening, correction, renewal or amendment (Form 43), which is available on the QCAT website. The application contains instructions for completing. In your application you will need to explain why you could not go to the hearing and why the final decision was unfair or unjust.

The tribunal will only grant a reopening in special circumstances.

What if the respondent loses the case but doesn't pay?

You can enforce a QCAT decision for motor vehicle property damage through the Magistrates Court.

You need to lodge a copy of the tribunal decision with the Magistrates Court. Once the Magistrates Court accepts the decision, it can be enforced in the same way as a Magistrates Court order. There are various options to enforce the order. Get legal advice about your enforcement options.

What if I cannot comply with a decision made against me?

If you cannot comply with the QCAT decision because your circumstances have changed or there are problems with interpreting, implementing or enforcing a decision, you may apply for another decision to be made about the same matter.

You will need to apply to the tribunal within 12 months of the original decision being made by completing and lodging an Application for reopening, correction, renewal or amendment (Form 43), which is available on the QCAT website. The application contains instructions for completing.

The QCAT may make the same decision or another decision that takes into account your new circumstances. That decision is then enforceable as a final decision. You should get legal advice before making this application as not all decisions will be reviewed simply because you cannot comply.

Making a claim in the Magistrates Court

The Magistrates Court handles claims for amounts up to $150,000. The court has more formal procedures than the Queensland Civil and Administrative Tribunal. For example:

• Lawyers are allowed to represent each person involved.
• The case will be heard in 'open court', which means members of the public can attend.
• If you lose your case, the magistrate may order you to pay the other person's legal costs.

The person who is claiming damages is called the 'plaintiff' and the person defending the claim for damages is called the 'defendant'.

You should get legal advice before you start a claim in the Magistrates Court.

If you want to make a claim in the Magistrates Court, see Making a claim in the Magistrates Court.

If you are defending a claim in the Magistrates Court, read this whole section to make sure you know how the process works and what you have to do.

If you are defending a claim against you, but believe the other person was wholly or partly responsible for the accident, you may be able to lodge a counterclaim. You should get legal advice before doing this.

How do I make a claim?

Step 1. Prepare the claim documents

You can get the two forms you need to complete from your local Magistrates Court or from www.courts.qld.gov.au. They are called Claim and Statement of claim forms. Follow the format of the sample documents and forms . Make sure you have the correct name of the other driver.

You will need the original plus three copies of these forms. Photocopies are acceptable, but you must sign the form before you copy it.

Step 2. Lodge your forms

You must file your forms at the Magistrates Court in the area where the accident happened or where the defendant lives or carries on business, or at a central court registry like the Brisbane, Rockhampton, Townsville or Cairns Magistrates Courts. For example, if you live on the Gold Coast and have an accident in Brisbane where the defendant lives, you cannot file the claim in your local court at Sourthport. If you file your forms in the wrong court your claim may be dismissed. Give three sets of forms to the court's registry staff and keep one for your own records. Pay the court's filing fee. The fee depends on how much money you are claiming. The staff will stamp your forms with the official court seal and give your claim a number. They will keep one set of forms and give you back the other two.

Step 3. Notify the other person about your claim

One of the stamped copies of the claim forms must be served on the defendant. You can do this yourself, but it is often better to pay a process server (someone who does this for a living) or enforcement officer from the Magistrates Court to do it for you. The Magistrates Court registry can tell you where to find a process server or you can look in the Yellow Pages or other business directories.

Ring a few of them to find out what it will cost.

It is important to include on your original claim form the amount it will cost you to hire a process server or enforcement officer.

If you win your case and the magistrate orders the other person to pay costs, you will get this money back.

What happens then?

There are four possibilities for how the other person may respond.

1. They may settle out of court

They may do this by paying your claim directly to you or contacting you to negotiate an agreement. If the court has already set a trial date, you will need to complete a Notice of discontinuance form and file it with the court.

2. They may defend the claim

To do this they will need to prepare and file two forms:

Notice of intention to defend (see sample documents and forms ) and Defence (see sample documents and forms ). They have 28 days from the date they were served your claim forms to file this form with the Magistrates Court.

After they have filed their defence, they must also serve you with their defence forms.

3. They may lodge a counterclaim

A counterclaim means the other driver holds you responsible for the damage to their car or property and they are going to claim damages from you to recover the cost of repairs. They do this by filing a Notice of intention to defend form and a Defence and counterclaim form (see sample documents and forms ) for their damages.

If you do receive a counterclaim, you must defend yourself by completing an Answer to the counterclaim, filing it with the court and serving it on the defendant within 14 days. The court may not provide a form for this, so use the sample documents and forms as a guide. If you receive a counterclaim, you should get legal advice quickly to work out what you should do next.

4. They may not respond

If the other person has not responded to the court by 28 days from the time you served your claim, you can ask for an order called a default judgment. This means the magistrate will make a judgment without hearing evidence from the other person.

To request a default judgment you need to complete these forms and take them to the court:

• Request for default judgment and Affidavit (see sample documents and forms )
• Repairer's affidavit (see sample documents and forms )
• Default judgment (see sample documents and forms )
• Affidavit of service (see sample documents and forms )

The magistrate does not always make a default judgment in favour of the person who has requested it. They still look at the merits of the case before making a decision.

How do I defend a claim made against me?

You know that a claim has been lodged against you in the Magistrates Court when the other person or a process server serves you with a Claim and Statement of claim (see sample documents and forms ). We recommend you get legal advice at this stage to work out how to respond.

There are four possibilities for how you may respond.

1. You may settle out of court

You may decide to pay the claim directly to the other person, or contact them to negotiate an agreement. If this happens, make sure you get the agreement in writing. If the court has already set a trial date, the plaintiff will need to complete a Notice of discontinuance form and file it with the court.

2. You may defend yourself

To do this you need to prepare and file two forms: Notice of intention to defend and Defence (see sample documents and forms ). You have 28 days from the date you were served the claim forms to file this form with the Magistrates Court.

Complete the form and make three copies. Photocopies are acceptable, but you must sign the form before you copy it. Take your completed forms to your local Magistrates Court. Give three sets of forms to the court's registry staff and keep one for your own records. The staff will stamp your forms with the official court seal. They will keep one set of forms and give you back the other two.

After you have filed your defence, you must also serve the other person with your defence forms. You do this by sending your forms to the plaintiff at the address for service that appears on their claim.

3. You may lodge a counterclaim

If you believe the other person involved in the accident was responsible for some or all of the damage to your vehicle, you can lodge a counterclaim. A counterclaim means you are going to claim damages from the other person to recover the cost of repairs to your vehicle or other property as a result of the accident.

To proceed with a counterclaim, you need to lodge two forms: Notice of intention to defend and Defence and counterclaim (see sample documents and forms). Take three copies of these forms to the court to be registered and stamped. Photocopies are acceptable, but you must sign the form before you copy it. The court will keep one set of forms and give you back the other two. Send one copy of the stamped forms to the other person and keep one for your own records.

The other person has 14 days to respond to the counterclaim. If they don't agree with the details of your counterclaim they may send an answer to the court defending the counterclaim. They must also serve this stamped document on you.

If you receive an answer to your counterclaim from the other person, and it raises new issues not already covered in your defence, you can consider filing a reply to the answer to the counterclaim.

Obviously by this stage the matter has become quite complex, so we suggest you get legal advice.

4. You may choose not to respond

If you do not respond to the original Claim and Statement of claim within 28 days of these forms being served on you, the plaintiff can ask for an order called a default judgment. This means the magistrate will make a judgment for the full amount of the claim plus costs, without hearing evidence from you.

You will not necessarily be told if the magistrate makes a default judgment. If you think a judgment has been made against you, you should check with the court and get legal advice quickly.

Is there any other way to settle the matter?

Consider mediation. If you can settle the case without going to court you will save yourself a lot of time, energy and possibly money. If you and the other person agree, you can both go to mediation. Alternatively, the Magistrates Court registrar may refer your case to a dispute resolution program.

See step 4 If you want to claim against the other driver of this guide for more information about mediation and dispute resolution. If you have any questions, speak to a lawyer before deciding what to do.

What happens if we can't reach an agreement?

If you can't reach an agreement, the matter will need to go to trial.

1. Ask to see the documents held by the other person

If you want to see the documents the other person has, you can write to them asking for a list of relevant documents in their possession or under their control. For example, if they are asking for towing costs you can ask for a copy of the receipt of payment. You can also ask to inspect the documents and be provided with copies.

The other person must provide a List of documents (see sample documents and forms ). They normally should provide it within 28 days after the request.

If they refuse to give you a list of documents, you should get legal advice. It may be possible to apply to the court for an order that makes the other person provide a list of documents.

The other person might ask you for a list of documents you have. If so, you should complete a List of documents (see sample documents and forms ).

2. Ask the court for a trial date

Once documents have been exchanged you can ask the court for a trial date.

This can be done by writing to the court registry.

Some courts may allocate a directions hearing to see where the parties are at and then make directions for the management of the case including setting a trial date.

If you have been given or sent a Notice of trial form you need to send a copy by mail to the defendant as soon as you receive it. If you do not give the defendant enough time, the defendant may ask that the trial date be rescheduled to another date.

You may need to get legal advice once you are ready to set a trial date.

How do I prepare for the hearing?

Prepare facts and evidence

The magistrate will want to hear the facts about what happened in the accident. It will help your case if you are organised and present the facts and evidence clearly.

To prepare your evidence, it may help to draw a line down the middle of a sheet of paper. On the left side, write the facts, and on the right side, write the evidence that supports the facts.

Evidence allowed in court can include:

• verbal evidence (statements in the witness box) from you or your witnesses (the court prefers this form of evidence)
• documents like repair bills, receipts and quotes
• photographs (for example, of your car after the accident).

Sample facts and evidence

1. Ford collided with my Mazda. Ford sped up and ran a red light on Black St, Redwood.
   1. your affidavit
   2. evidence of any witnesses
   3. map of accident scene
2. Mazda had damage to the front bumper and lights.
   1. photograph of damage to car
3. Had Mazda towed ($200) and received quote to repair car ($2500).
   1. your affidavit
   2. written quote
   3. affidavit of repairer
   4. receipts for towing
4. Sent letter of demand on 21 October 2018.
   1. copy of letter of demand

Organise your witnesses

Make sure your witnesses are available for court and have them meet you at least 15 minutes before court time. Ask them to read their statements the day before, so the evidence they may give is fresh in their minds. If they have never been to court before, let them know you and the other person will ask them questions.

Your witnesses could include:

• anyone who saw the accident
• the repairer who gave you the quote to repair your car or who did the work repairing the vehicle
• the loss assessor who gave the valuation.

If a witness cannot come to the hearing but is willing to give evidence, you should get legal advice. Usually, all witnesses are required by the court to attend in person.

If any of your witnesses do not want to provide evidence, you can force them to do so by requesting a subpoena. A subpoena is a court order that requires a person to appear in court to give evidence or produce documents.

To organise a subpoena, lodge these forms with the court:

1. Request for subpoena (see sample documents and forms)
2. Subpoena for production (see sample documents and forms) or
3. Subpoena to give evidence (see sample documents and forms).

You would only use a Subpoena for production if you wanted your witness to bring documents to support your case, like a quotation for repairs, photographs of the accident scene or damage done to your car.

The hearing

What should I do on the day of the hearing?

Before you arrive

• Find out the address of the court and check the location on a map.
• Organise transport to the court, allowing time to arrive half an hour before the hearing starts.
• Practise what you will say before the magistrate.
• Dress neatly.
• Bring all of your documents about the case including affidavits, quotes or receipts for repairs, photos etc.
• Bring a pen and note paper.

When you arrive

• Meet any witnesses who are coming to the court to provide evidence for you.
• Wait with your witnesses for your hearing outside the court room.
• You will be called into the hearing room when the magistrate is ready to begin. Witnesses wait outside the room until they are called.

When you are called

• Speak clearly and follow the magistrate’s instructions.
• Address the magistrate as “Your Honour”.
• The magistrate will ask if there is any chance you and the other person could reach an agreement about the dispute. If there is a chance, you will be left to negotiate privately.
• If you reach an agreement, the magistrate will record the terms of the agreement.
• If you cannot reach an agreement, the hearing will continue in front of the magistrate.

What happens at the hearing?

Before anyone provides evidence to the court, they will be asked to swear an oath on a holy book or affirm (promise) to tell the truth. It is a crime to give false evidence.

When giving evidence, it is important to make sure what you say is relevant and to the point. Present your case in a business-like manner. Even though you might be upset or nervous about the situation, emotional outbursts will not help your case so try to keep calm.

1. The plaintiff tells their story and gives their evidence

The magistrate will invite the plaintiff to tell their side of the story. If the plaintiff has a lawyer, their lawyer will ask questions of the plaintiff. The magistrate may ask questions at any time during the hearing.

When the plaintiff has finished giving evidence, the magistrate will ask the defendant or their lawyer if they have any questions to ask the plaintiff.

2. The plaintiff’s witnesses give their evidence

The plaintiff’s witnesses will be called into the room one at a time to tell their story under oath. If the plaintiff has a lawyer, their lawyer will ask questions of the witnesses. The magistrate may ask questions at any time during the hearing.

When the plaintiff’s witnesses have finished giving evidence, the magistrate will ask the defendant or their lawyer if they have any questions to ask the witnesses.

3. The defendant tells their story and gives their evidence

Now it is the defendant’s turn to tell their side of the story under oath. If the defendant has a lawyer, their lawyer will ask questions of the defendant. As before, the magistrate may ask questions at any time.

When the defendant has finished presenting their side of the story, the magistrate will invite the plaintiff or their lawyer to question the defendant.

Even if you disagree with what the other person is saying, do not interrupt. Take notes about anything you disagree with, so you can raise these issues when it is your turn to again question the other person.

4. The defendant’s witnesses give their evidence

The defendant’s witnesses are then called into the hearing room one at a time to give their evidence. If the defendant has a lawyer, their lawyer will ask questions of the witnesses. Again, the magistrate may question the witnesses at any time while they provide their evidence.

When the defendant or the defendant’s lawyer and the magistrate have finished questioning the defendant’s witnesses, the plaintiff or the plaintiff’s lawyer may question them.

5. Each party can make ‘submissions’ to the magistrate

A submission is a summary of the main points of your case and any weaknesses in the other party’s case. At the end of your submission you ask the magistrate to make orders in your favour.

You are trying to convince the magistrate that your case is the stronger one.

The Magistrate's decision

The magistrate will make their decision after they have heard both sides of the story and listened to the evidence from witnesses. The magistrate may agree with the plaintiff’s claim, agree with the defendant, or decide only part of the claim must be paid for.

The magistrate will make an order explaining how much has to be paid (this may happen immediately or at a later date). The person who does not win their case may be ordered to pay all or some of the other person’s legal costs.

What if I don’t agree with the decision?

If you don’t agree with the magistrate’s decision and want to appeal the decision you should get legal advice quickly. You will only have a short amount of time to lodge appeal documents.

You will have to apply to the District Court for permission to appeal the decision. A lawyer will explain how to start the appeal process when you get legal advice about your case.

What if they don’t pay me?

If you have trouble being paid after the magistrate has made an order, you should contact:

• Legal Aid Queensland on 1300 65 11 88 for free legal information and advice
• a lawyer or
• a community legal centre.

Queensland Civil and Administrative Tribunal forms

Forms are available from the Queensland Civil and Administrative Tribunal (or your local courthouse outside the Brisbane metropolitan area).

Sample 1 Application for minor civil dispute – consumer dispute form(PDF, 922KB)

Sample 2 Loss adjuster’s affidavit(PDF, 134KB)

Sample 3 Repairer’s affidavit(PDF, 141KB)

Sample 4 Affidavit of service(PDF, 592KB)

Magistrates court forms

Forms are available from your local courthouse.

Sample 5 Magistrates court claim(PDF, 190KB)

Sample 6 Statement of claim(PDF, 151KB)

Sample 7 Request for default judgment(PDF, 165KB)

Sample 8 Plaintiff’s affidavit(PDF, 176KB)

Sample 9 Repairer’s affidavit(PDF, 186KB)

Sample 10 Default judgment(PDF, 145KB)

Sample 11 Affidavit of service(PDF, 218KB)

Sample 12 Notice of intention to defend(PDF, 130KB)

Sample 13 Defence and counterclaim(PDF, 176KB)

Sample 14 Answer to the counterclaim(PDF, 162KB)

Sample 15 List of documents(PDF, 146KB)

Sample 16 Request for subpoena(PDF, 125KB)

Sample 17 Subpoena for production(PDF, 175KB)

Sample 18 Subpoena to give evidence(PDF, 145KB)

 

Note:

• These are sample forms to give you an idea of the information you might need to put in. Do not copy the information on the sample forms. Use them as a guide only and put in the information about your situation.
• You will not need to use all these forms. Only use the ones that apply to you.
• If you need help filling in any forms, call Legal Aid Queensland on 1300 65 11 88.
• Type your answers or write neatly in black or blue pen.
• Make sure the information you use is correct and always double-check the spelling of the names of other people involved.
• The QCAT sample forms are based on the following scenario:
  “Jane Wright was driving along White Street towards the intersection with Black Street. Jane was in her Mitsubishi Magna, registration number ABC246.
  As Jane approached the intersection, a green Ford sped up and ran a red light on Black Street. The Ford, registration number XYZ890, was driven by George Getz. George’s Ford collided head on with the front of Jane’s Mitsubishi Magna.
  Jane’s Magna sustained $2500 damage and she paid $200 to have her car towed. The speed limit was 60 km/h.” 

Legal words and phrases explained

Adjudicator - The decision maker in the Queensland Civil and Administrative Tribunal. The adjudicator is a court officer, usually a registrar or magistrate.

Affidavit - A written statement made by a person to be used in a court. The person who makes an affidavit must swear under oath or make an affirmation that the contents are true. It is signed by a justice of the peace, commissioner of declarations or a lawyer. An affidavit is often used when a person is unable to come to the court and provide information or evidence in person.

Affirm (affirmation) - A spoken declaration where you promise to tell the truth when giving information or evidence to the court in person or when writing it in an affidavit. You can make an affirmation if you do not want to swear an oath on a Bible or other sacred book.

Claim and Statement of claim - These are documents a person claiming damages files in the court to start legal action.

Claimant - A person who starts a claim in the Queensland Civil and Administrative Tribunal.

Contributory negligence - Where the accident was caused by both drivers (for example, one driver fails to give way and the other driver is speeding).

Default judgment - A judgment made because the defendant does not defend a court action.

Defence and Notice of intention to defend - If someone has made a claim against you and you disagree with their side of the story, you can lodge these documents to begin the process of defending yourself.

Defendant - A person who is defending themselves against legal action.

Enforcement officer - An officer of the court who takes action to ensure an order made in a court or tribunal by a judge, magistrate or adjudicator is followed.

Evidence - The proof needed to support your side of the story. Evidence is usually given verbally in court.

Filing documents - The process where documents are received and accepted by a court. The person filing the documents may need to pay a filing fee. Usually the court will stamp its seal on the filed document.

Hearing - Where evidence is given to the court from all people involved in a case and a decision is made.

Legal costs - These are the costs involved in taking a case to court. These can include the costs of lawyers and the cost of filing documents with the court. Usually a court will order the person who loses a case to pay the other person's legal costs.

Letter of demand - A letter that formally demands something from another person. It does not need to be in any particular form and does not need to be sent by a lawyer.

Lodging documents - see filing documents.

Loss assessor - Someone who can assess the damage done to a vehicle. They are usually a qualified panel beater.

Magistrate - The name for the decision maker in the Magistrates Court. In civil proceedings like this one, they decide who is responsible for the damages. You call the Magistrate "Your Honour".

Magistrates Court - The Magistrates Court deals with civil claims up to $150,000.

Mediation - A dispute resolution process run by an independent third party who helps people to reach agreement through the process of discussion and negotiation without entering into the content of the dispute.

Negligence - This is when someone has not taken the proper care or paid enough attention to avoid causing damage to another person or their property.

Notice of hearing - A document telling you the date your matter will go to court.

Order - An order is made by the court requiring a person to do something (for example, pay damages).

Plaintiff - A person who starts a civil claim in court.

Process server - A person who delivers or 'serves' court documents by handing them to the person concerned.

Quantum - The total amount of your claim including the cost to repair your vehicle to the condition it was before an accident, plus any towing fees.

Queensland Civil and Administrative Tribunal (QCAT) - A tribunal dealing with disputes of $25,000 or less including motor vehicle property damage claims.

Rehearing - A second hearing for the same matter.

Respondent - A person who has had a claim made against them in the Queensland Civil and Administrative Tribunal.

Served - The process where a person is presented with official court documents.

Subpoena - A court order requiring a person to appear in court to give evidence or produce documents.

Swear an oath - A spoken promise where you swear on the Bible or other sacred book to tell the truth when you give evidence to the court.

Trial - A court hearing where all the evidence is presented and a final decision is made.

Witness - A person who saw or heard something about your case and is called to give this 'evidence' in court.

Written-off - When the cost of repairing your vehicle is more than it would be worth at wholesale (dealer's) price if you sold it.