Car accidents can happen anywhere, unfortunately - even when you're far from home. If you're involved in a car accident while holidaying in Queensland but live in another state, understanding your entitlement to make a Compulsory Third Party (CTP) claim under the state’s Motor Accident Insurance Act (‘MAIA’) is crucial for seeking compensation and resolving legal matters.

Queensland’s CTP insurance scheme, like those in other states and territories in Australia, is designed to provide personal injury compensation to individuals injured in motor vehicle accidents. This scheme covers personal injury claims resulting from accidents involving motor vehicles in Queensland, regardless of where the injured party resides.

But if you're from another state and have the misfortune to be involved in a car accident while holidaying in Queensland, you are still generally entitled to make a claim for damages against the compulsory third party insurer of the vehicle that caused the accident. However, navigating the process can be complex and ideally, you should seek advice from legal professionals with in-depth knowledge of Queensland’s MAIA and the state’s CTP scheme.

What are the first steps?

The first step after a car accident is obviously to ensure the safety and wellbeing of all parties involved. Contact emergency services immediately if there are injuries or if the accident scene poses a hazard to others. It's also essential to exchange contact and insurance information with the other driver(s) involved in the accident. If you have the presence of mind and are not incapacitated by injury, taking photos of the scene, the damage to cars and any injuries is also a sensible course of action.

Once the immediate aftermath is over, the process of making a CTP claim begins. As an interstate visitor, you should notify the CTP insurer of the vehicle at fault for the accident as soon as possible and provide details of the accident, by lodging a Notice of Accident Claim Form.

It's important to note that each state and territory in Australia has its own CTP insurance scheme, with specific regulations governing claims and compensation. While your entitlement to make a CTP claim in Queensland is upheld, the process may differ from what you're accustomed to in your home state.

For this reason seeking legal advice from Queensland-based legal professionals experienced in CTP claims is highly recommended. They can provide guidance on your rights and obligations under Queensland's CTP scheme, assist with gathering evidence to support your claim, and advocate on your behalf during negotiations with the insurer.

In cases where liability for the accident is disputed by the insurer or complicated, legal representation becomes even more crucial. Expert lawyers can assess your claim and negotiate with the insurer. The fact you are based interstate is no barrier – we can consult via Zoom or Teams to take instructions and keep you apprised of the progress of your case.

Other considerations

It’s also important to consider Queensland’s limitation periods for making a CTP claim following a motor vehicle accident. Failure to adhere to these timeframes may jeopardize your ability to seek compensation for injuries sustained in the accident so it’s important to act quickly and be guided by your legal representative in order to make relevant deadlines.

Call our experienced CTP claims team

If you're involved in a car accident while holidaying in Queensland but live in another state, you are entitled to make a CTP claim under the MAIA. But seeking legal advice and representation from lawyers with knowledge of how the scheme works in Queensland is essential to protect your rights and ensure fair compensation for your injuries and losses. Contact our personal injury lawyers at Lifestyle Injury Lawyers about your motor vehicle accident, wherever you live.