If an at-fault driver in Queensland says Sorry, they still cannot be sued

If you've been injured in a motor vehicle accident and you are considering making a compulsory third party (CTP) claim, whether the at-fault driver admitted fault or said "sorry" to you does not expose them to being sued personally. The claim must be made against the CTP insurer instead.

In Queensland, the Motor Accident Insurance Act 1994 (Qld) ('the Act') determines the process of how a CTP claim must be made by an injured person, and how the at-fault driver and their CTP insurer must respond to the claim. An at-fault driver (or rider) is insured by a CTP insurer so long as the vehicle that caused the accident and injury was validly registered at the time of the accident.

Whenever legal action is brought in a court for damages for personal injuries arising out of a motor vehicle accident, Section 52 of the Act says that the action must be brought against the insured person (i.e. the alleged at-fault driver/rider) and their CTP insurer as joint defendants.