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How do I take legal action?

Queensland Civil and Administrative Tribunal

If the damage to your vehicle is $25,000 or less and you are only claiming damage to a motor vehicle or expenses directly associated with the accident such as towing fees, you can go to the Queensland Civil and Administrative Tribunal. For more information about this process see How do I take legal action?.

Please seek legal advice if you are attempting to claim for hire car fees or loss of wages as part of the QCAT process.

Once a case is heard and resolved by the tribunal you cannot take it to the Magistrates Court other than for enforcement. The tribunal has appeal processes; see page 33 for more information. You should get legal advice if you are considering appealing a tribunal decision.

Magistrates Court

If your damage is less than $150,000, you can go to the Magistrates Court. For more information on this process, see Making a claim in the Magistrates Court.

You should get legal advice to make sure you have selected the right court for your legal action.

Last updated 12 May 2021

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