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ARTICLE · 04 SEPTEMBER 2012

Queensland drivers relax - you're covered in NSW

Cooper Grace Ward
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The decision means Queensland drivers can be assured there is no gap in their CTP cover when driving in New South Wales.

AustraliaInsurance
Tony Park
Tony Park
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Background

In the case of Suncorp Metway Insurance Ltd v Wickham Freight Lines [2012] QSC 237, the Queensland Supreme Court was asked to consider the scope of Queensland's Motor Accident Insurance Act 1994 (Qld) (MAIA) and statutory CTP policy of insurance.

Suncorp argued cover was not extended under the CTP policy to accidents arising in New South Wales in special circumstances where a driver of a vehicle was 'deemed' to be at fault under a New South Wales legislative provision enacted in 2006.

This test case is the first time a Queensland CTP insurer has challenged the scope of the Queensland policy and its interaction with the specific provision in the NSW legislation. The outcome, if decided in favour of the insurer, would have impacted on every driver of a Queensland registered vehicle who drove across the border into NSW and injured a child in circumstances where they were not negligent.

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