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 on the timeframes for starting a car accident insurance claim (CTP claim); however, please note that every situation is unique.
- You must meet your deadline to avoid disqualification from filing a compensation claim
- Some exclusions apply, and a CTP lawyer knows them
Disclaimer: The information below is not legal advice. An experienced personal injury lawyer can provide legal advice specific to your situation, including advice on the legal process.
Car Accident Lawyers: Free Consultation
Splatt Lawyers offers free initial advice for personal injury claims, including the applicable time limits for your circumstances. A free consultation from our motor vehicle accident claim legal team can provide the following:
- Investigate the at-fault driver’s circumstances
- Advise your time limits and the correct liable insurer
- The steps of the claim process
- Your rights and entitlements
- Our 100% no-win, no-fee, no-risk guarantee
Pay when you win and zero if you lose. It’s free to know where you stand. Call 1800 700 125
What is the Time Limit for QLD Car Accident (CTP) Claims?
Injured persons should know the time limit for car insurance claims 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
You have three years from the date of the accident to make a compensation claim for injuries sustained in a traffic accident.
Making a Car Insurance Claim and Compensation
When making a car insurance claim in Queensland, you should:
- Immediately notify your insurance company about the incident
- Provide them with all the information they need to make an assessment
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 a claim against the wrong insurance provider, you may miss your cut-off date and be barred from receiving a compensation payout.
What is the QLD Time Limit for Nominal Defendant Accident Claims?
When you have an accident with an unknown driver, unidentified or uninsured vehicle (e.g., a hit-and-run accident), you can still be eligible to 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 when the accident occurred
- Or you 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 may be able to pursue compensation after the three-year limitation period, and our legal team can provide free initial advice regarding your eligibility. Call 1800 700 125
Lodging a Personal Injury 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 after the accident date
- Or within one (1) month of retaining the services of a solicitor
In circumstances involving an unknown, 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. if there are 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.
How Long is 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 4 and 8 weeks from the date of signing a release.
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 liability is established. During this period, a personal injury lawyer and the insurance company negotiate the value of a claim.
How Much is the Average CTP Payout in QLD?
The average CTP payout values for Queensland motor vehicle accident claims from 1 July 2013 to 30 June 2023 are as follow:
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 |
Table of QLD Average CTP Payout Values
The Role of CTP Lawyers Explained
CTP lawyers represent the legal interests of people who are 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.
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 motor vehicle accident lawyer who works with car accident claims knows how to establish fault, minimise liability, and provide advice regarding the total value of your financial loss. They can also provide legal representation in negotiations with the liable insurer, and any subsequent court proceedings.
QLD 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 expertise in compensation law. All our accident compensation lawyers work with the oversight of Kerry Splatt, which means:
- We can advise on the legislated time frame for your case
- How to construct an accurate damages claim
- We can prepare a comprehensive statement of loss and damage.
- Our personal injury lawyers can also explain how to negotiate outcomes with all three QLD CTP insurers
- Explain each step of the claims process in plain English
Advice for Accident Claim Time Limits
Splatt Lawyers can provide free initial legal advice on car accident claims when you have been harmed by the negligence of others. We offer compensation legal services on a 100% no-win, no-fee basis, which covers 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 rights when injured in the following situations:
- The driver of a vehicle involved in an accident
- Suffered whiplash after a car crash
- A cyclist or motorcyclist injured by a vehicle
- Pedestrian hit in a collision
- Passenger of a car that is involved in an accident
- Commuter injured on public transport
- Injured in a truck accident
- Uber or rideshare crash
- Hit and run accident
Time limits under the legislation are complex. It’s free to know where you stand. Call 1800 700 125
Car Accident Claim Lawyer Near Me
Time Limits for Motor Vehicle Accident Claim FAQs
What type of compensation is 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 damages, including:
- Pain and suffering compensation (also known as general damages)
- Lost wages (income and superannuation)
- Domestic assistance and other care expenses
- Medical expenses, including ambulance, nursing and hospital fees
- Rehabilitation expenses
- 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.
In certain circumstances, you may also be eligible for a lump-sum payment for whole-person impairment, depending on how the accident occurred.
What is the Queensland time limit to claim compensation?
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 provides a free case assessment to 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 evidence for a car insurance claim, starting with the accident scene. We recommend you collect:
- Photographs, video and CCTV footage
- Details of the other driver involved in the collision
- Witness statements.
- A copy of the police report
- Medical reports
What should I do if the other driver flees the accident scene?
If the at-fault driver flees the accident scene, you should:
- Seek medical treatment for any injuries sustained
- Try to recall as much information as possible about the fleeing vehicle
- Take photos and video of where the accident occurred, including vehicle damage, skid marks, etc
- Contact the police immediately
When the at-fault driver is unknown or uninsured you seek compensation from the Nominal Defendant, but this type of motor vehicle accident claim has short time limits. You have the right to get legal advice for this type of case.