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 your compulsory third-party claim within the strict time limits that apply to your case.
Below, we provide general information about the car accident insurance claim (CTP claim) timeframes for starting litigation; however, please know that every situation is unique. You must meet your deadline to avoid disqualification from filing a compensation claim. (some exclusions apply, so ask a CTP lawyer)
To understand the time limit for your circumstances, please contact our Brisbane personal injury lawyers now. Knowing your legal right to make a claim when another driver’s negligence causes you harm is free.
Splatt Lawyers provides legal advice to people injured on Queensland roads who wish to know their rights and entitlements. All our legal services are funded on a 100% No Win, No Fee basis. Pay when you win and zero if you lose, and it’s free to be sure – Call Now 1800 700 125
Disclaimer: The below information is not legal advice. Please request 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 will:
- Investigate the at-fault driver’s circumstances
- Advise your time limits and the correct liable insurer
Contact us now for 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?
Yes, you can; if you were younger than 18 or were living with a disability, you could still lodge a compensation claim. 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 will advise your eligibility for free. Be sure to contact us immediately for legal support.
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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. You can take steps to fast-track your CTP payout, and your legal team will explain these to you when you contact us.
Do I Have a Valid Claim?
QLD Compulsory Third Party CTP Insurer Liability Decisions
According to the Annual CTP Insights report for 2021–2022, the four 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 substantially longer after establishing liability. During this period, your lawyer and the insurance company negotiate the value of your claim.
Average Claim Duration for QLD Car Accident Insurers
In the financial year 2021-2022, 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 your 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 your 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 | $285,700 |
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 how to have a successful outcome.
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 advise on how to lodge within your time frame
- Our legal team explains how to construct an accurate damages claim
- We can prepare a comprehensive statement of loss and damage for all your entitlements.
- Our CTP lawyers explain how to negotiate outcomes with all four QLD CTP insurers
- Explain each step of the claims process in plain English.
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Seek Advice from a Personal Injury Lawyer for a Car Accident Insurance Claim
Within the legal industry, it is a well-known fact that insurers enjoy dealing directly with injured parties. Typically, the insurance company will seek to protect its bottom line by minimising the value of your compensation. 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.
According to the MAIC annual report, here are the primary reasons why injured people choose legal representation for their CTP claim.
| Reason for Choosing to Seek Advice from a Lawyer | Percent of People |
| Lack of understanding of the CTP claims process and industry jargon | 53% |
| Lawyers perceived as experts | 33% |
| Having persistent problems or a disability | 24% |
| To save time, effort and stress | 23% |
Splatt Lawyers Advise Your Claim Time Limits
When harmed by the negligence of others, Splatt Lawyers provides advice for car accident claims and funds all compensation legal services on a 100% no-win, no-fee basis. This means we cover all your costs and expenses until you achieve an outcome. Pay when you win and zero if you lose. It’s our No Win, No Fee, No Financial Risk guarantee. We can help you if you were 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, and you should comply if you wish to access all your entitlements. Act now. Protect your rights, contact us, or call our Accident Compensation Advice helpline on 1800 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?
When you have a successful car insurance claim for a personal injury, you can 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
In some cases, you may 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. Please contact our legal team immediately for free legal advice.
What is the time limit for insurance claims in Australia?
The terms and conditions of your insurance policy determine how much time you have to file an insurance claim in Australia. In most cases, this ranges from 30 days to 12 months. The best plan is to contact a compensation lawyer or your insurer as soon as possible (depending on the type of claim).
Note: Comprehensive car insurance rarely has a time limit for claim lodgement, but contact your insurance provider to be sure.
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