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Single Vehicle

Single-Vehicle Accident Compensation Australia

Single-vehicle crashes - where only one vehicle was involved - are harder to claim on than multi-vehicle crashes because there's no other driver to find at fault. But compensation pathways do exist, depending on who was driving, what caused the crash, and what state you're in.

If you were a passenger

Passengers in a single-vehicle crash are generally covered. The driver is at fault by default, and the CTP / motor accident insurer of that vehicle covers your injuries. See our passenger guide.

If you were the driver - fault-based states

In fault-based states (NSW partial, QLD, WA, SA), the at-fault driver generally cannot claim full damages from their own CTP because there's no other negligent party to claim against. Statutory benefits (treatment, weekly payments) may still be available for a defined period. Common-law damages are generally not available where you were the only driver and your fault caused the crash.

Exceptions:

  • Roads authority claim: where road defects (potholes, sudden loss of surface, missing signage, defective barriers) materially contributed
  • Vehicle manufacturer / repairer: where vehicle defect (brake failure, steering, mechanical) contributed
  • Workers compensation: where you were on a work trip, workers compensation applies regardless of fault

If you were the driver - no-fault states

In no-fault states (VIC, NT, TAS, ACT for defined benefits), drivers are eligible for statutory benefits even where they were at fault for their own crash. Benefits include:

  • Income support during recovery
  • Medical and treatment costs
  • Long-term care for catastrophic injuries
  • Limited lump-sum impairment payments

Common-law damages typically still require fault by another party.

Claims against the roads authority

Where road defects materially contributed to the crash, a public-liability claim against the roads authority (state or council) may succeed. Examples:

  • Severe pothole that caused loss of control
  • Worn or missing road markings on a hazardous bend
  • Missing or damaged guardrail at a known hazard
  • Inadequate signage of a sudden change in road conditions

Civil Liability legislation in each state limits roads-authority liability - actual or constructive notice of the defect is usually required. These claims are complex and benefit from specialist advice. Strict notice deadlines apply (commonly 6 months).

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FAQs

The questions claimants ask most.

I crashed my own car with no other vehicle involved - can I claim anything?
Possibly. In no-fault states (VIC, TAS, NT) statutory benefits apply regardless of fault. In fault-based states, statutory benefits may still be limited, and common-law damages typically require another party at fault. Roads-authority and vehicle-manufacturer claims may apply where defects contributed.
A pothole caused my crash - can I claim against the council?
Possibly, where you can show the council had actual or constructive notice of the defect and failed to remedy it. Civil Liability legislation limits roads-authority liability and strict notice deadlines apply. Get specialist advice early.
I was driving for work when I crashed - does that change anything?
Yes. Work-related crashes attract workers compensation regardless of who was at fault for the crash. You may have parallel CTP and workers compensation claims, with the workers comp scheme handling primary income replacement.
My passenger was injured in my single-vehicle crash - can they claim?
Yes. Your CTP / motor accident insurance covers their injuries, and the family relationship doesn't change that. The insurer pays your passenger's claim, not you personally.

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