How to Lodge a Public Liability Claim in Queensland: Step-by-Step

A customer slips on a wet floor in a Fortitude Valley café. A delivery driver trips over a stray cable on a Milton building site. A dog escapes a fenced yard during a Kenmore landscaping job and bites a neighbour. Every one of these is the start of a public liability claim, and how the business owner handles the next 24 hours matters almost as much as the policy itself.

If you run a business anywhere in Brisbane or Southeast Queensland, at some point you may need to lodge a public liability claim. Here's exactly how the process works, from the moment something goes wrong through to a settled or disputed outcome.

Step 1: Make the scene safe and get help if needed

Before anything else, deal with the immediate situation. If someone is injured, get them medical attention. If there's an ongoing hazard, such as a spill, exposed wiring, or unstable materials, secure the area so nobody else is hurt. This isn't a claims step so much as a duty of care one, but it's also the first thing an insurer will ask about when they assess how the incident was handled.

Step 2: Record everything at the scene, while it's fresh

This is the step that makes or breaks a lot of claims later on. Before memories fade or the scene changes, get down:

The date, time, and exact location. Photos of the hazard, the surrounding area, and any injury or property damage. Contact details for the injured or affected person. Contact details for any witnesses, plus a brief note of what they saw. CCTV footage, if there is any, saved before it's overwritten. What was said at the time, without admitting fault (more on that below).

If you use an incident register (and every business with public liability exposure should), this is where it earns its keep. Even if the person who was hurt or affected says they're "fine" and won't be taking it further, record the incident anyway.

Step 3: Notify your broker or insurer immediately, don't wait to see what happens

This is the single most important step, and the one people get wrong most often. Many business owners wait to see whether the other party actually makes a claim before saying anything to their insurer. Don't. Most public liability policies require notification "as soon as reasonably practicable" after you become aware of an incident that could give rise to a claim, whether or not anyone has actually complained yet. Delaying notification can put your cover at risk, even if the eventual claim would otherwise have been valid.

Contact your broker as soon as you're aware of the incident, not just once a claim letter arrives.

Step 4: Don't admit fault or offer to pay for anything on the spot

It's natural to want to apologise or offer to cover a cost when something goes wrong on your watch, but an admission of liability, or an offer to pay for damage or medical costs, can undermine your insurer's ability to defend the claim or negotiate a fair outcome. Be courteous and helpful at the scene, but leave any statement about fault or compensation to your insurer once they've assessed the facts.

Step 5: Complete the formal claim form

Once you've notified your broker, they'll help you complete the insurer's claim form. This typically asks for the same information you recorded at the scene: what happened, when and where, who was involved, and what the estimated damage, injury, or exposure looks like. Your broker submits this to the insurer along with supporting evidence.

Step 6: The insurer investigates

The insurer will review the evidence, and depending on the size and complexity of the claim, may appoint a loss adjuster or investigator to look into the circumstances, potentially including a site visit. They'll assess liability (whether your business was actually at fault, wholly or in part), the extent of injury or damage, and whether the claim falls within your policy's terms and any exclusions.

This is usually the longest part of the process. Straightforward claims can be resolved in weeks; more complex ones, especially those involving serious injury, can take considerably longer.

Step 7: Know your excess

Your excess is the amount you contribute toward the claim before the insurer's cover applies, and it's set out in your policy schedule. It's worth checking this figure before an incident happens, not after, so there are no surprises about what you're expected to pay if a claim proceeds.

Step 8: The outcome, accepted or disputed

If the insurer accepts the claim, they'll negotiate a settlement directly with the claimant (or their lawyer) on your behalf, up to your policy's limit of liability. If they decline the claim, or you disagree with how it's been handled, you can lodge an internal dispute with the insurer first. If that doesn't resolve things, Queensland and Australian businesses can take unresolved general insurance disputes to the Australian Financial Complaints Authority (AFCA), which is a free external dispute resolution service. AFCA will typically try to resolve the dispute informally first, and can issue a binding determination if it isn't resolved that way.

Why the timing matters more in Queensland than people expect

Here's something that catches a lot of Brisbane business owners off guard: just because nobody's said anything a week, or even a few months, after an incident doesn't mean it's over.

Under Queensland's Personal Injuries Proceedings Act (PIPA), someone who's been injured generally has up to nine months from the date of the incident to give formal notice of a claim (or one month after they first see a lawyer, if that's sooner). Beyond that, they can still commence court proceedings up to three years after the incident under Queensland's general limitation period, and courts do have some discretion to allow late notices in certain circumstances.

In practice, that means a claim against your business can still land eight, ten, or even twenty months after the incident happened. If you didn't record it properly at the time, you're trying to reconstruct the details from memory well after the fact, against someone who's had months to build their case. This is exactly why Step 2 matters so much, and why it's worth keeping incident records for at least a few years, not just until the immediate scare passes.

Frequently asked questions

Do I need to lodge a claim even if I don't think I'm at fault? If there's a real chance the other party could pursue a claim, notify your insurer regardless of whether you believe you're liable. That's what the policy is for, and it protects your position either way.

What if the injured person says they won't take it further? Record the incident anyway. People change their minds, sometimes months later, particularly once they've spoken to a lawyer or their symptoms turn out to be worse than first thought.

Will making a claim increase my premium? It can, depending on your claims history and the insurer, but that shouldn't stop you from notifying a genuine incident. Failing to notify on time risks the cover itself, which is a much bigger problem than a premium adjustment.

How long does a public liability claim take to resolve? Straightforward claims with clear liability can settle in a matter of weeks. Claims involving serious injury, disputed liability, or legal representation on the other side can take many months, sometimes longer if it proceeds through PIPA's pre-court process or to AFCA.

Do I need a lawyer to lodge a claim? No, lodging the claim with your insurer doesn't require a lawyer. Your broker manages that process. If the claimant engages a lawyer, or the claim becomes legally complex, your insurer will generally appoint legal representation on your behalf as part of your cover.

Need help with a claim, or want to check your cover before you need it?

Public liability claims move fast once they start, and having a broker in your corner from the first phone call, rather than after the insurer's already asked you questions, makes a real difference to how it plays out. If something's happened and you need to lodge a claim, or you just want a second set of eyes on your current cover before it's tested, get in touch with Monarch Insurance Brokers.

Call 1300 130 463 or email tim@monarchinsurancebrokers.com.au and we'll walk you through it.