Stolen cars, unlicensed drivers or unregistered vehicles

Have you been involved in a motor vehicle accident involving a stolen car, an unlicensed driver or an unregistered vehicle?

Regrettably, there has been a noticeable increase in car thefts in our local area recently.  What's even more concerning is that the individuals driving these stolen vehicles often exhibit reckless behaviour, leading to motor vehicle accidents that can cause property damage or, in more severe cases, personal injuries.  Unfortunately, we frequently hear statements like "since the car was stolen, I can't receive any assistance", "the driver didn't possess a valid licence, so I'm out of luck", or even "the vehicle wasn't registered, so what options do I have?".

Unlicensed driver accidents in Queensland

An individual who operates a motor vehicle in Queensland without a valid driver's license is considered an unlicensed driver. However, it's important to note that being unlicensed does not necessarily imply a lack of insurance coverage. In Queensland, personal injury CTP insurance is directly associated with the vehicle's registration. Therefore, if you are involved in an accident with an unlicensed driver who causes personal injury to you, you still have the right to make a claim against their CTP insurance.

What occurs in the event of an accident involving an unlicensed driver?

Accidents involving unlicensed drivers are unfortunately quite common, and it’s important to understand the potential outcomes of being in such a situation.

Typically, insurance companies do not provide coverage in cases where the driver is unlicensed or has a suspended license. As a result, any liability arising from the accident will have to be borne by the unlicensed driver themselves. However, it is worth noting that many unlicensed drivers, especially young individuals or those with limited financial resources, may struggle to pay for the damages to your vehicle. This could pose challenges when it comes to recovering the owed monies.

If you have your own comprehensive car insurance policy, it should cover the damages to your vehicle regardless of the other driver’s licensing status. In such cases, your insurer will usually compensate you promptly and then make effort to recover the amount from the unlicensed driver.

What if I am injured because of an unlicensed driver?

The situation changes when it comes to personal injuries. Comprehensive Third Party (CTP) insurance is the only type of insurance that provides coverage regardless of whether the at-fault driver is unlicensed, has a suspended licensed, or even a revoked license. CTP insurance covers any compensation for injuries that the at-fault driver would be responsible for.

As mentioned, it is possible to seek compensation through CTP insurance, which is mandatory for all drivers in Queensland as part of their vehicle registration. However, there are cases where a driver may operate unregistered vehicles. In such instances., there is a statutory entity called the Nominal Defendant that compensates individuals who have been injured as a result of an accident involving an uninsured driver.

If you have sustained injuries in an accident, there are strict time limits applicable in Queensland. It is crucial to seek legal advice. Contact our team today at Wallace & Wallace Lawyers on (07) 4963 2000