Car Accident Claims when At-Fault-Vehicle isn’t QLD Registered
Across Australia, every registered vehicle has Compulsory Third Party (‘CTP’) insurance which protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.
Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.
If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.
Accident Location Within Queensland.
The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.
The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.
Accident Location Outside of Queensland.
The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.
The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a comprehensive understanding of the relevant CTP legislation.
Queensland Compulsory Third Party ( CTP) Scheme Overview
When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.
If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights.
