In Australia drivers are covered in the case of car accidents by Compulsory Third Party (CTP) insurance schemes run by our states and territories. The aim of the scheme is to protect drivers against the sometimes huge financial burden that involvement in a vehicle accident can impose on a person, covering damages claimed by another driver for personal injury.
While CTP schemes pay some statutory benefits to injured drivers without apportioning fault for the accident, in order to access more extensive damages for injuries It is necessary to establish the other driver’s negligence in any claim against their CTP insurer.
But what happens when you wish to make a compensation claim against an interstate driver? For example, you’re driving on the Gold Coast and find yourself involved in an accident on the M1 with a person driving a car registered in NSW. What is the claims process?
Compensation schemes and the claims process differs between states and territories around Australia in subtle ways, so it is wise to consult with an experienced compensation lawyer before you proceed to submitting a claim.
Claiming against an interstate driver
The fact you’ve been involved in an accident with someone not covered by your state’s CTP scheme does not prevent you making a claim if their driving caused the accident.
While Queensland legislation governing CTP claims – the Civil Liability Act 2003 and the Motor Accident Insurance Act 1994 – still apply to how the claim is made the damages to which an injured person might be entitled, the compensation amount will be paid by the other driver’s interstate insurer.
In Victoria, for example, your claim would be made to the Transport Accident Commission, in WA the Insurance Commission of Western Australia. In South Australia insurance company Allianz Australia manages claims for the state’s Motor Accident Commission, while in NSW you file your compensation application to the CTP insurer of the at-fault driver (the State Insurance Regulatory Authority – ‘SIRA’ – can help point you in the right direction).
Seek expert legal advice
If you have an accident involving a driver who is registered outside of Queensland, contact Lifestyle Injury Lawyers today.
As a law firm who specialises in CTP claims arising from motor vehicle accidents, we can help clarify how to make the claim against an interstate insurer while observing Queensland’s laws. Contact us today.