In Australia, it is mandatory for drivers to hold Compulsory Third Party Insurance (CTP). The purpose of CTP Insurance is to protect individuals who have been injured in a motor vehicle accident that was caused by the fault of another driver and allow them access to compensation.  

Despite CTP Insurance being mandatory for all drivers in Australia, each state or territory has different laws and regulations surrounding the benefits and compensation available to the injured person. Therefore, it is important to seek legal advice from a personal injury lawyer who specializes in the relevant jurisdiction that the accident occurred in.  

To have a viable CTP claim in Queensland, it is necessary to establish that the other driver was at fault or partially at fault for the accident. 

Making a claim against an interstate driver?

One of the main concerns and queries we are often asked is, what happens if you were involved in a motor vehicle accident in Queensland but the person who was at fault for the accident has their vehicle registered in another state?  

If you have been involved in an accident with someone who is not covered by your state’s CTP scheme it does not mean that you are precluded from making a claim. The legislation and/or road rules that apply to a claim are dependent on the state or territory in which the accident occurred, and not where the at fault vehicle is registered. In Australia, each state has their own regulatory authority that governs CTP Claims. The relevant interstate CTP authorities are as follows below:  

  1. Queensland – Motor Accident Insurance Commission;  
  2. New South Wales – State Insurance Regulatory Authority (SIRA);  
  3. Australian Capital Territory – ACT Department of Treasury Motor Vehicle Accident Injuries Commission;  
  4. Victoria – Transport Accident Commission (TAC);  
  5. Tasmania – Motor Vehicle Insurance Board (MAIB);  
  6. South Australia – CTP Insurance Regulator; 
  7. Western Australia – Insurance Commission of Western Australia (ICWA); and  
  8. Northern Territory – Territory Insurance Office (TIO).  

Overall, the golden rule is that the location of the accident (the state or territory) determines the jurisdiction of the claim for all motor vehicle accidents. However, if the driver who is at fault has their vehicle registered in another state, the claim will need to be served on the relevant interstate insurer.  

As each state or territory has different schemes and laws in place for CTP Claims it is important to seek legal advice from a personal injury lawyer who has experience in that state or territory.  Littles Lawyers can assist you with bringing a claim forward against an interstate driver on a ‘No Win, No Fee’ basis. At Littles, we have offices all throughout Australia as we are a nationwide firm and will be able to direct you to the relevant team to assist you with your motor vehicle accident claim.  

Contact Ellie White for a free no obligation chat today.  

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