LawTalk Blog

Claims for compensation against interstate insured drivers

car accident with injuries

When it comes to motor vehicle accidents in South Australia (SA), it is usually the case that both parties are driving vehicles registered in SA.  

In these cases, South Australia’s Compulsory Third Party (“CTP”) Insurance scheme covers drivers for claims for compensation for injuries or death arising out of the use of the motor vehicle. This insurance is paid for each time you register your vehicle.

There are, however, instances where an accident may occur in South Australia where the at-fault driver’s vehicle is registered in another State or Territory. 

This will not prevent you from making a claim for injuries or death.

What to do when an accident involves a vehicle registered in another State or Territory

Where accidents occur in South Australia with a vehicle registered in another State or Territory, injured parties are still permitted to make a claim against that State or Territory’s Compulsory Third Party Insurer.

While the insurer is not a South Australian insurer, South Australian legislation still applies and parties are entitled to damages in accordance with our State’s scheme with these damages being paid by the interstate insurer.

For example, where the at-fault driver is registered in Victoria, a claim can be made against the Transport Accident Commission (“TAC”). Similarly, where the at-fault driver is registered in NSW, a claim can be made against the State Insurance Regulatory Authority (“SIRA”).

Andersons Solicitors has recently settled a claim for a client involved in a motor vehicle accident with a Victorian insured driver. Andersons negotiated a successful outcome for our client with Victorian Insurer, the TAC.

How long do you have to make a claim after a motor vehicle accident?

Depending on which State or Territory the at-fault driver’s vehicle is registered in, parties have between 6-12 months to make a claim with the appropriate insurer.

That party then has three (3) years from the date of the accident to lodge any related court proceedings for damages. 

If you’ve been involved in an accident with an interstate insured driver, it is important to get early legal advice from a solicitor experienced in personal injury claims. Get in touch with today’s blog writer, Julia Arena for more information. 

Julia 033.jpg

Get in touch with today's blog writer:
Julia Arena

Senior Associate in Personal Injury

Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to Australian Federal and South Australian legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.

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