Australia has eight CTP schemes and they are not alike. Queensland, South Australia and Western Australia run fault-based schemes: you claim against the at-fault driver's insurer. New South Wales, Victoria, Tasmania, the ACT and the Northern Territory run no-fault or hybrid schemes that pay some benefits regardless of who caused the crash. When an accident crosses a border, two questions decide where the claim goes.

Key points

  • The law of the place where the accident happened governs the claim, including whether it is fault-based or no-fault.
  • If an interstate-registered vehicle causes an accident in Queensland, you follow the Queensland claims process but the claim is managed by that vehicle's interstate insurer or CTP authority.
  • A Queensland-registered vehicle's CTP covers the injuries it causes anywhere in Australia.

Accident in Queensland, interstate-registered vehicle

MAIC's guidance is that the injured person follows the Queensland CTP claims process, with Queensland's notice periods and pre-court procedure, but lodges the claim with, and has it managed by, the insurer or CTP authority of the state where the at-fault vehicle is registered. Queensland law, including the Civil Liability Act's rules on damages, applies to the claim. The practical wrinkle is finding the right insurer: each state has a CTP authority that can identify it from the registration, and MAIC publishes the list.

Accident interstate, Queensland driver injured

The law of the state where the accident happened applies. In New South Wales, Victoria, Tasmania, the ACT and the Northern Territory that means a no-fault scheme: statutory benefits for treatment and some income support are available even where you were at fault or nobody was, with lump sum damages available in narrower circumstances and, in several states, only above injury thresholds. In South Australia and Western Australia, as in Queensland, a claim depends on another driver's fault. Time limits and claim forms differ in every state, some considerably shorter than Queensland's, so a Queenslander injured interstate should get advice within days, not months.

Queensland-registered vehicle causes an accident interstate

The vehicle's Queensland CTP policy covers the injuries it causes anywhere in Australia. The injured person's claim runs under the law of the state where the accident occurred, and the Queensland insurer responds under that law.

Vehicles registered nowhere

An unregistered vehicle from any state that causes an accident in Queensland is an uninsured vehicle, and the claim is against the Nominal Defendant under Queensland's rules, with the same deadlines as any other Nominal Defendant claim.

Where we can help

We act on Queensland claims, including claims in Queensland against interstate-registered vehicles. For an accident that happened in another state, we will tell you at the first call whether it is a claim we can run or who you should speak to there, and we will not let the other state's deadline pass while you find out.

Frequently asked questions

I was hit in Brisbane by a car with NSW plates. Who do I claim against? The NSW insurer of that vehicle, following the Queensland claims process and Queensland law. The NSW CTP authority (SIRA) can identify the insurer from the plate.

I am from Queensland and was injured in a crash in Victoria. Does Queensland law apply? No. Victorian law applies, which is a no-fault scheme run by the TAC, with its own forms and time limits.

Does my Queensland CTP cover me interstate? It covers injuries you cause to others anywhere in Australia. It does not cover your own injuries; those depend on the scheme where the accident happened.

Sources

  • Motor Accident Insurance Commission, Interstate accidents and CTP authorities — maic.qld.gov.au
  • Motor Accident Insurance Act 1994 (Qld), ss 5 (application of Act), 31 (Nominal Defendant) — legislation.qld.gov.au
  • State Insurance Regulatory Authority (NSW) — sira.nsw.gov.au
  • Transport Accident Commission (Victoria) — tac.vic.gov.au