16 Jan 2025Adjusting your watch for daylight saving isn’t the only thing to remember when you cross the border from NSW to Queensland, or vice versa – particularly if you are involved in an accident.
What you need to do in NSW and Queensland following an accident
If you have a vehicle accident in NSW resulting in personal injury and police did not attend the accident, it must be reported to police within 28 days. But if you have a vehicle accident in Queensland it must be reported to police within 24 hours.
My office is on the Queensland side of the border with NSW, and I deal with many compensation claims from NSW holidaymakers who have had a motor vehicle accident while on the Gold Coast.
In fact there are many state-specific road rules throughout Australia that drivers need to be aware of, if they are planning to drive outside of their home state. (Please see The Australian road rules that vary by state, Drive, 10 January 2024.)
There are different time limits for lodging compensation claims in NSW and Queensland and it can be complicated. Those involved in an accident should contact a lawyer without delay for advice on their potential right to compensation.
Lodging a compensation claim after an interstate accident
There are also differences in procedures and benefits available under Compulsory Third Party (CTP) coverage for NSW drivers who are involved in an accident in Queensland in circumstances where they are not at fault. (Please see CTP insurance scheme and interstate accidents, State Insurance Regulatory Authority, 5 June 2023.)
In that situation the benefits vary depending on the type and extent of injuries and the personal circumstances of the injured person. The impact of an injury on a person’s ability to work is an important aspect of the claim. A personal injury lawyer can advise on the best way to present your case for compensation.
Steps to take after an accident are the same in NSW and Queensland
Although there are differences in lodgement of compensation claims and in procedures and benefits between the states, the steps that should be taken if you are involved in an accident interstate are the same.
First, call emergency services immediately if you or anyone else involved in the accident has suffered serious injury and requires emergency care.
Exchange details with the drivers of all vehicles involved in the accident, particularly the driver at fault. When taking a photograph of their drivers license, make sure you take a photograph of both sides of the card.
Record the number plate of all vehicles involved in the accident, particularly the vehicle at fault.
Take photographs of all vehicles involved in the accident to show their position on the road and the damage caused to each vehicle.
Record the details of any witnesses to the accident.
If you were not conveyed to hospital by ambulance following the accident, seek medical treatment as soon as possible.
Also, if police did not attend the scene of the accident, report the accident to police. If the accident occurred in NSW, it is to be reported within 28 days. If the accident occurred in Queensland, it is to be reported within 24 hours.
To read an example of a cross-border compensation case, please see Cross border workers compensation claims in NSW and Queensland – which state’s insurer has to pay? Which case won?)
