Posted on 13 Dec 2024
Navigating car accidents across state lines: What do you do if you’ve had a road injury in a different state from where you’re insured?
By Slater and Gordon
Crashed in one state but you’re insured in another? What to do after an interstate accident.
Interstate road trips are a fantastic opportunity to explore new places, see the beauty of Australia, and make unforgettable memories.
However, like anytime you get behind the wheel, there’s always a chance of an accident.
Dealing with a car accident is stressful enough, but it can get tricky when it happens interstate.
Conflicting state insurance policies and differing fault schemes can add to the confusion, but you do still have options regarding compensation and your entitlements.
Understanding these challenges is key to ensuring your claim is handled correctly and your rights are protected.
How frequently do road injuries occur?
In 2023, more than 1,200 people lost their lives on Australian roads. Sadly, this number was an increase on 2022 by an astounding 7.3 per cent.
Road trips are a particular danger for accidents due to extended time spent behind the wheel, poorly maintained country roads, and driver fatigue. In fact, ‘drowsy driving’ contributes to as many as 20 per cent of all road accidents.
And it’s not inexperienced drivers. Sadly, a recent Government report found that people aged between 40-65 were disproportionately represented in road fatalities.
Why does crashing interstate complicate a compensation claim?
Each state and territory in Australia is governed by its own state compensation scheme insurer. For example, Victoria has TAC and New South Wales has SIRA. These insurers have their own regulations, fault schemes, and insurance policies.
For personal injury claims, the claim must be lodged in the state where the accident occurred.
For example, even if you’re registered in Victoria which is a no-fault jurisdiction, but you have an accident in Western Australia, you will fall under their fault-based insurance scheme. This means that unless you’re seriously injured, you’ll need to prove fault to receive compensation.
This is why engaging a personal injury lawyer in the relevant jurisdiction can be important. Our experienced motor vehicle accident lawyers are based in every state and territory, so give us a call to find out where you stand.
What do I do if I have an accident in another state to the one I’m insured in?
Interstate motor vehicle accidents can complicate insurance and personal injury claims, so there are a few steps to follow:
Following a car accident, your first move should always be to assess any passengers, pedestrians, cyclists, and yourself for injuries and immediately call an ambulance. Even if you don’t have obvious wounds, you may have internal injuries that only a medical professional can determine.
Once medical assistance is on the way, and all people involved are safe, call the local police so they can file a report.
If two or more vehicles were involved in the crash, be sure to write down registration numbers, insurance information, and take photos of both vehicles and the surrounding scene. The police will also file a report, so be sure to gather contact information and a reference number.
Get in touch with your car insurer to advise them of the accident and provide information if other vehicles were involved.
Contact a lawyer in the jurisdiction where the accident occurred. For example, if you’re registered in Victoria with the Transport Accident Commissions (TAC), but the incident occurred in South Australia, you’ll need to engage a South Australian lawyer to handle your claim. A lawyer can also contact the relevant state insurer on your behalf and assist you with any potential common law claims if one party was at fault for the accident.
Common car accident injuries
Whiplash
Spinal injuries
Facial injuries
Broken bones
Internal injuries
Cuts and gashes
Physiological trauma and PTSD
Burns
Loss of limbs
Are you covered?
If you’ve been in a car accident, you may be entitled to compensation for:
Medical treatment
Rehabilitation services (e.g., physiotherapy, osteopathy, occupational therapy)
Replacement of damaged glasses or dentures
Return-to-work support
Lump sum payments (if eligible)
Application fee for a Medical Treatment Visa (if required)
For common law claims, where you must establish fault or negligence from another party, such as a council or another driver, you might be entitled to:
- Medical expenses
- Lump sum payments
- Weekly wages (past and future earnings)
How we can help
We have a wealth of experience in motor vehicle accidents claims, helping thousands of clients secure the compensation they need. Unlike state commissions insurers, our lawyers are committed to helping you maximise your entitlements, and helping you receive more than just basic statutory benefits.
With most of our claims settled out of court under our No Win, No Fee* arrangements, you can rest assured your claim is looked after, without costs being a barrier to making a claim. We take the stress out of the legal process so you can focus on your recovery.
Our dedicated team, backed by a nationwide network, is ready to support you every step of the way, no matter how complex your case.
With Slater and Gordon, you can be confident that your rights are protected and that you're getting the compensation you may be entitled to move forward.
Find out if you have a claim in just 3 minutes
Find out if you have a claim in just 3 minutes
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.
