Our client was driving along a main road in regional Queensland when another driver pulled out of a side road without giving way.
The collision left his car undriveable.
The other driver had no insurance, so there was no insurer to claim against. ezylegal sued the driver personally. When he ignored the claim, we got judgment against him in court for the full cost of the repairs, plus our client’s legal costs.
At a glance
- Problem: An uninsured driver failed to give way and hit our client’s car, leaving him with a repair bill and nobody to claim it from.
- Claim against: The other driver, personally.
- Legal basis: Negligence. The driver breached his duty of care by failing to give way and keep a proper lookout.
- Result: Default judgment in the Queensland Magistrates Court for the full repair cost, plus legal costs.
No insurance, no one to claim from
Our client was following a van along a main road. The van turned off, and a car came out of the same side street straight into his path.
The impact damaged the bonnet and bullbar and knocked out the steering, so the car couldn’t be driven. Our client got the police report and quotes for the repairs.
Normally, the at-fault driver’s insurer would pay. But the other driver’s car wasn’t insured for property damage, so the only way to recover the money was to go after the driver himself.
Taking the driver to court
ezylegal filed a claim in the Queensland Magistrates Court for the repair costs, plus interest and legal costs, and had it served on the driver.
He had 28 days to file a defence. He didn’t respond at all.
The outcome
Because the driver didn’t defend the claim, ezylegal applied for default judgment. Six weeks after the claim was filed, the court entered judgment ordering the driver to pay the full repair cost and our client’s legal costs.
With a court judgment in hand, our client can use the court’s enforcement process to collect, including orders that take money straight from the driver’s bank account.
How default judgment works
When you file a claim in the Queensland Magistrates Court, it has to be served on the other side. From then, they have 28 days to file a notice of intention to defend. That’s a formal document saying they dispute the claim, with their defence attached.
If they don’t, you can ask the court for default judgment. For a debt or a fixed amount like a repair bill, the court registrar can enter it on the papers, without a hearing. You don’t need to go to court or give evidence in person.
The judgment covers the amount claimed, plus interest and a set amount for legal costs.
What default judgment means for the other side
A default judgment is a court order to pay, and it has real consequences for the person who ignored the claim:
- The debt becomes enforceable. If they still don’t pay, the court can issue an enforcement warrant to seize and sell their property, or redirect money from their wages or bank account.
- They can be ordered to explain their finances. The court can summons them to an enforcement hearing, where they must disclose their income, assets and debts under oath.
- Interest keeps adding up. Interest runs on the judgment until it’s paid in full.
- It doesn’t go away quickly. In Queensland, a judgment can be enforced for up to 12 years.
- It can affect their credit. Court judgments are public records and can show up on credit reports, making it harder to borrow.
- Bigger debts can lead to bankruptcy or winding up. If the debt is $10,000 or more, a creditor can use the judgment to start bankruptcy proceedings against a person. A company that doesn’t pay can be served with a statutory demand and wound up.
The other side can apply to have a default judgment set aside, but they have to act quickly, explain why they didn’t respond, and show they have a real defence. Ignoring a court claim almost always makes things worse.
What can I do if an uninsured driver hits my car?
You can sue the driver personally for the cost of the damage. If they don’t respond, you can ask the court for default judgment without a hearing.
Compulsory third party (CTP) insurance only covers injuries, not damage to cars. If the other driver has no comprehensive or third party property insurance, nobody else will pay for your repairs. A court judgment turns what they owe you into a debt you can enforce. That can include taking money from their bank account or wages.
If you’re facing something similar
If an uninsured driver has damaged your car:
- get the other driver’s name, address, phone number and registration at the scene
- take photos of both cars, the road and anything that shows who had right of way
- report the accident to the police and keep the report number
- get written quotes for the repairs
- send the driver a written demand for payment before you go to court
Get advice early, because time limits apply. Read more about debt and contract disputes.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.