Where do you make a car accident claim if you were travelling interstate?

PUBLISHED 20 Dec 2019

Whether on your daily commute, a road trip with the family or driving on a work trip, accidents can happen. Then comes the paperwork – filing claims and seeking out legal help, if necessary. It can be a confusing process on its own, complicated further if you’re travelling interstate. If you find yourself in this situation, be aware that there are some key differences between filing a car accident claim depending on whether you were driving locally or travelling interstate. Here are a few things you should know before filing a claim.

Rules change from state to state

If you’ve been in an accident you’ll need to file a claim, and those forms will change from state to state. For example, if you live in Victoria but were part of a car accident out of state, you may be eligible to receive Transportation Accident Commission (TAC) benefits. This will apply to Victorian residents who are injured or die while in a vehicle registered in Victoria and driving on the interstate.

Non-Victorian residents who are injured or die interstate may also be eligible if they are an occupant of a vehicle registered in Victoria. If these apply, you’ll need to file directly with the Victoria TAC.

Or, as another example, if you’re involved in an accident in New South Wales, you should file directly with the Motor Accidents Authority. This authority covers everyone from pedestrians to cyclists, passengers and drivers as long as the accidents involved a motor vehicle registered in the Northern Territory. It’s a no-fault scheme, which means that you may still be eligible for benefits whether you caused the accident or were struck by a vehicle registered in the Northern Territory.

You can find links to where each separate authority operates here.

It can get complicated

You may be onto this already if you’ve read the above. These issues can get complicated quickly, especially if an accident involves interstate drivers, the location where a vehicle is registered and the particulars of each state’s procedures.

You’ll need to file separate claims for injuries, fatal accidents and interstate accidents, as well as wait for word from the respective government agencies to see whether you’ve been deemed eligible to receive benefits. At this point, it may not be worth it to go it alone. This is especially true if you’ve been injured during an accident and are dealing with medical procedures or rehabilitation to recover. During this time, personal injury compensation lawyers are there to help. Contact the experts at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.