Crashed in Sydney But You Live in Brisbane? Navigating Car Accidents Across State Lines

Lawyers are warning motorists travelling during the school holidays that conflicting state insurance policies and varying fault schemes can create challenges if you are in an accident interstate.

Slater and Gordon Senior Associate in Work and Roads Claims, Joel Redman, said interstate accidents are a grey area many motorists aren’t fully aware of until it affects them directly.

“If you're registered in New South Wales and have a car accident in another state, you'll need to make a personal injury claim through the insurance scheme in the State where the accident occurred. For example, if you have an accident in New South Wales but your car is registered in Queensland, you'll need to make a claim against the at fault drivers insurance through the New South Wales scheme, and your Queensland comprehensive insurer for any property damage,”

Mr Redman said.

“People often struggle to navigate the complexities of motor vehicle injury claims, particularly when dealing with varying rules across states.

“In some cases, State governments step in to mediate disputes between insurers. This is why seeking legal advice, no matter where the accident occurs, is so important,” Mr Redman said.

Mr Redman said that due to the often complicated nature of cross-state claims, it was critical to follow the proper steps after an accident to ensure claims are handled correctly and everyone’s rights are protected.

“First and foremost, seek medical attention immediately after the accident, even if you have no obvious wounds as injuries such as internal injuries may not be noticeable in the initial aftermath.

“Then, be sure to exchange insurance and registration information if two or more vehicles are involved, which is even more important when dealing with interstate claims,” Mr Redman said.

While fault schemes differ between states, in New South Wales, individuals can claim benefits through the compulsory third-party (CTP) scheme for up to 12 months after an accident, even in single-vehicle incidents.

“Many motorists aren’t aware that in New South Wales, passengers can make a motor vehicle injury claim through the CTP scheme even if only one vehicle was involved, allowing them to receive weekly income payments while they recover and cover rehabilitation costs. They may also be able to access lump sum damages,” Mr Redman said.

“Time limits vary between states, with New South Wales motorists needing to make a claim within 3 months of the accident to receive compensation, so it’s important to speak with a legal expert sooner rather than later.

While being aware of differing insurance schemes and regulations is vital, road safety is the best way to avoid finding yourself in a cross-state claim.

“Be sure to plan your journey ahead of time, take regular rest breaks, do not use your phone while driving and follow the speed limit. This is especially important on long country roads or when travelling late at night,” Mr Redman said.