How Long Can You Make a Claim After a Car Accident?
If you have a valid car accident claim in Queensland, (and are not the at-fault driver), you must lodge a compulsory third-party claim within the strict time limits that apply to your case.
Below, we provide general information about the timeframes for starting litigation in a car accident insurance claim (CTP claim); however, please know that every situation is unique. You must meet your deadline to avoid disqualification from filing a compensation claim. NOTE: Some exclusions apply, and a CTP lawyer knows them.
Splatt Lawyers can provide free advice on personal injury claims, including the time limit for your circumstances. It’s free to know your right to seek damages when another driver’s negligence causes you harm.
All our legal services are funded on a 100% no-win, no-fee basis. Pay when you win and zero if you lose. Call 1800 700 125
Disclaimer: The below information is not legal advice. A lawyer can provide legal advice specific to your situation.
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What is the Time Limit for QLD Car Accident (CTP) Claims?
Understanding the time limit for car insurance claims is crucial to avoid disqualification from seeking compensation. In Queensland, the Motor Accident Insurance Act 1994 states that your CTP insurance claim must begin within the earlier of:
- Nine months from the date of the accident
- One month of speaking with a lawyer about pursuing a claim
Making a Car Insurance Claim and Compensation
When making a car insurance claim in Queensland, immediately notify your insurance company about the incident and give them all the information they need to assess the claim. The specifics of submitting a claim will differ based on the type of car insurance and the insurer’s policies.
If you are injured in a Queensland motor vehicle accident, you must quickly determine the correct CTP insurer. If you lodge against the wrong insurance provider, you may miss your cut-off date and be barred from receiving a compensation payout.
Splatt Lawyer’s motor vehicle accident claim legal team can:
- Investigate the at-fault driver’s circumstances
- Advise your time limits and the correct liable insurer
Our car accident team provides a free claim assessment:. Call 1800 700 125
What is the QLD Time Limit for Nominal Defendant Accident Claims?
When you have an accident with an unidentified or uninsured vehicle (e.g., a hit-and-run accident), you can still seek compensation by making a nominal defendant claim. In this case, you have a strict nine-month time limit from the accident date to make a claim.
Can I Claim for a Motor Vehicle Accident that Happened 3 Years Ago?
You can lodge a compensation claim for a motor vehicle accident that happened three years ago if you were younger than 18 or were living with a disability. If pre-court procedures have not been completed and the three (3) year limitation period draws near, you must bring an application before a judge within the limitation period. Once pre-court procedures have been completed, the judge may make orders allowing proceedings to be filed outside the three (3) year period.
In some situations, you can pursue compensation after the three-year limitation period, and our legal team can provide free initial advice regarding your eligibility. Call 1800 700 125
It's Free to Start
Lodging a Notice of Accident Claim Form
A “Notice of Accident Claim Form” must be given to the relevant insurance provider, i.e. the CTP insurer of the vehicle at fault. Generally, you must do this within nine (9) months of the accident or within one (1) month of retaining the services of a solicitor.
In circumstances involving an unregistered or unidentified motor vehicle, the time limits are strict, and you must give notice to the Nominal Defendant within three (3) months. The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the “at fault” vehicle is either unregistered or unidentified.
How Long Does a CTP Insurance Claim Take?
The time it takes to settle a car accident insurance claim depends on a few factors, including:
- The number and severity of your injuries
- How long it takes for your injuries to stabilise
- The complexity of establishing liability (e.g. when are there multiple negligent drivers)
- If the CTP insurer denies liability
- The time required to gather contact details and evidence
Generally, CTP claims are resolved within 12 to 18 months, with some straightforward claims taking six months.
Do I Have a Valid Claim?
QLD Compulsory Third Party CTP Insurer Liability Decisions
According to the Annual CTP Insights report for 2023-2024, the three Queensland compulsory third-party insurers reached a liability decision within six months of claim lodgement in over 99% of cases. This data highlights the efficiency of handling car insurance claims, particularly for CTP coverage.
However, the time to settle is typically longer after establishing liability. During this period, a personal injury lawyer and the insurance company negotiate the value of a claim.
Average Claim Duration for QLD Car Accident Insurers
In 2023-2024, the average claim duration for Queensland third-party car accident insurance policies was 20 months to settle.
This table shows the settlement period by the insurer from 1 July 2014 to 30 June 2024
| Allianz | 17.9 months |
| QBE | 15.5 months |
| RACQ | 15.9 months |
| Suncorp | 22.2 months |
What is the Time Frame for a Settlement Payout?
Once you reach a settlement agreement with the CTP insurance company, you sign a release. This document specifies when you will receive a payout.
Both organisations must provide statutory clearance before payment if you have received benefits from Centrelink or WorkCover for your injuries.
Generally, the delay for a compensation payout is between four and eight weeks from signing a release.
What is The Average CTP Payout in Queensland?
The average CTP payout for Queensland motor vehicle accident claims from 1 July 2013 to 30 June 2023 is:
| Severity of Injuries | Average CTP Payout Value |
| Minor | $82,000 |
| Moderate | $197,000 |
| Serious | $395,000 |
| Severe Injuries | $687,000 |
| Critical | $1,968,000 |
| Maximum | $2,857,000 |
The Role of CTP Lawyers Explained
CTP lawyers represent the legal interests of people making a personal injury claim for a motor vehicle accident that was not their fault. As you would expect, a solicitor with experience in these legal matters has substantial knowledge of the CTP claim process and what you must prove for a successful outcome.
Queensland Accredited Specialist Personal Injury Lawyer
Kerry Splatt is a Queensland Law Society-accredited specialist in personal injury law. This accreditation acknowledges a legal practitioner’s compensation law expertise. All our accident compensation lawyers work with the oversight of Kerry Splatt, which means:
- We can advise on the legislated time frame
- Our legal team explains how to construct an accurate damages claim
- We can prepare a comprehensive statement of loss and damage.
- Our CTP lawyers explain how to negotiate outcomes with all three QLD CTP insurers
- Explain each step of the claims process in plain English.
It's Free to Know Your Rights
Car Accident Insurance Claim Advice from a Personal Injury Lawyer
In Queensland, CTP insurance companies often seek to protect their bottom line by minimising the value of compensation settlements.
A lawyer who works with car accident claims knows how to establish fault, minimise liability, and provide advice regarding the total value of your loss. They can also provide legal representation in negotiations with the liable insurer.
Advice for Accident Claim Time Limits
When harmed by the negligence of others, Splatt Lawyers can provide free legal advice regarding car accident claims. We offer compensation legal services on a 100% no-win, no-fee basis. This means we cover all your costs and expenses until settlement. Pay when you win and zero if you lose. It’s our No Win, No Fee, No Financial Risk guarantee. We can provide advice about your right when injured as:
- the driver of a vehicle involved in an accident
- a cyclist or motorcyclist injured by a vehicle
- a pedestrian hit in a collision
- a passenger of a car that is involved in an accident
- a commuter injured on public transport
Time limits under the legislation are complex. It’s free to know where you stand. Call 800 700 125
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Car Insurance Claim Time Limits FAQS
What kinds of compensation are available for a motor vehicle accident insurance claim?
If you have a successful car insurance claim for a personal injury, you could receive lump sum compensation for economic and non-economic loss under ‘heads of damage’, including:
- Pain and suffering (also known as general damages)
- Lost wages (income and superannuation)
- Domestic assistance and other care expenses
- Medical expenses, including ambulance, nursing and hospital fees
- Medical-related travel expenses
- The cost of medical aids and equipment
You may sometimes be entitled to regular income support payments, calculated as a percentage of your regular earnings.
What is the Queensland Time Limit for a Compensation Claim?
In Queensland, you have a general time limit of three years from the date of the accident to lodge a notice of claim or nine months when the at-fault vehicle is unknown or unregistered.
What if I miss my accident claim cut-off date?
In rare cases, you can lodge a claim if you miss your deadline. Our legal team provide a free case assessment that can explain your options in this case.
What is the time limit for property damage insurance claims in Australia?
The terms and conditions of an insurance policy determine how much time you have to file a property damage insurance claim in Australia. In most cases, this ranges from 30 days to 12 months, but can be up to 6 years. A compensation lawyer knows insurance claim time constraints.
Note: Comprehensive car insurance rarely has a time limit for claim lodgement, but it is best to be sure with your insurance provider.
What evidence do I need for car insurance claims?
After seeking medical treatment, you must gather reliable evidence for a successful car insurance claim, starting with the accident scene. We recommend you get:
- Photographs, video and CCTV footage
- Details of the other driver involved in the collision
- Witness statements.
- A copy of the police report