- What is the Time Limit for QLD Car Accident (CTP) Claims?
- How Long is a Car Accident (CTP) Insurance Claim?
- The Role of CTP Lawyers Explained
- Why Use a Personal Injury Lawyer for a Car Accident Insurance Claim?
- Splatt Lawyers Help You Know Your Claim Time Limits
- Car Accident Insurance Claim Time Limits FAQS
If you have a legitimate car accident claim in Queensland, 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 need to meet your deadline to avoid disqualification from filing a compensation claim. (some exclusions apply, so ask a lawyer)
To understand the time period for your circumstances, please contact our experienced personal injury lawyers now. Knowing your cut-off dates and legal right to claim is free.
Splatt Lawyers has supported people injured on Queensland roads for nearly 30 years. All our personal injury legal services are provided on a 100% No Win, No Fee basis. You pay nothing until we win your case, and it’s free to know your legal rights – 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?
The Queensland Motor Accident Insurance Act 1994 states that your CTP insurance claim must begin with the earlier of:
- Nine months from the road accident date
- One month of speaking with a lawyer about pursuing a claim
For car accident claims, there is also a general limitation period of three years if the at-fault vehicle is registered and known. (i.e. you have their details)
If you are injured in a Queensland traffic accident, you must quickly determine the correct CTP insurer. Lodging against the wrong insurance company can mean you miss your cut-off date and are barred from receiving a compensation payout.
Splatt Lawyers has been helping injured people achieve justice for nearly three decades. Our expert car accident claim lawyers will let you know your lodgement dates and file against the correct insurer. Contact us now for a free claim assessment.
What is the QLD Time Limit for Nominal Defendant Accident Claims?
When the other vehicle in your accident is unidentified or uninsured (e.g., a hit-and-run accident), you can still seek compensation by making a nominal defendant claim. In this case, there is a strict 3-month limit from the accident date.
You can feel stressed and unsure after a car crash, so remove any doubt by contacting one of your skilled compensation lawyers now. It’s free to know your situation. Call Now – 1800 700 125
Can I Claim for a Collision 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 within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three (3) year period once pre-court procedures have been completed.
You can pursue compensation after the three-year limitation period in some situations, and our legal team knows them all. Be sure to contact us immediately for fast, informed legal advice.
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Lodging a Notice of Accident Claim Form
A “Notice of Accident Claim Form” must be given to 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 the 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 is a Car Accident (CTP) Insurance Claim?
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)
- How much the CTP insurer seeks to minimise (or deny) your case
- How long it takes to gather evidence
Generally, CTP claims resolve within 12 to 18 months, with some straightforward claims taking six months. You can take steps to fast-track your payout, and your legal team will explain these to you when you contact us.
Do I Have a Valid Claim?
QLD 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.
However, the time to reach a settlement is substantially longer after establishing liability. This period is when 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 third-party car accident insurance policies was 20 months to settle.
This table shows the settlement period by the insurer for 2021-2022
What is the Timeframe for a Settlement Payout?
You sign a release once you reach a settlement agreement with the CTP insurance company. 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.
The Role of CTP Lawyers Explained
CTP lawyers represent the legal interests of people making a personal injury claim for a motor vehicle accident. As you would expect, a solicitor with extensive experience in these legal matters has substantial knowledge of winning car accident claims. Choosing the best Queensland CTP lawyer is vital for a successful payout.
Our Brisbane law firm was established 28 years ago by Kerry Splatt, 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 ensure you lodge within your time frame
- Our legal team knows how to construct a compelling damages claim
- We prepare a comprehensive statement of loss and damage so you get all your entitlements.
- Have years of experience negotiating outcomes with all 4 of the QLD CTP insurance companies
- Guide you through each step of the claim process in plain English.
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Why Use 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 their bottom line by minimising the value of your compensation. A lawyer experienced in car accident claims knows how to establish fault, minimise liability, and build a compelling case proving your loss’s total value.
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 Hire a Lawyer||Percent of People|
|Lack of understanding of the CTP process & industry jargon||53%|
|Lawyers perceived as experts||33%|
|Having persistent problems or a disability||24%|
|To save time, effort and stress||23%|
Splatt Lawyers Help You Know Your Claim Time Limits
Splatt Lawyers have a strong record for successful car accident claims, with a 99% success rate for out-of-court settlements. We fund all our compensation legal services on a 100% no-win, no-fee basis, which 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 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. Your priority should be to seek legal advice. Act now. Protect your rights, contact us, or call our Accident Compensation Advice helpline on 1800 700 125
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Car Accident Insurance Claim Time Limits FAQS
What kinds of compensation are available for a motor vehicle accident insurance claim?
When you have a successful road accident claim, 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 earnings (income and superannuation)
- Domestic assistance and other care expenses
- Medical expenses, including ambulance, nursing and hospital treatment
- Medical-related travel expenses
- The cost of medical aids and equipment
What is the Queensland Time Limit for a Compensation Claim?
In Queensland, you have a general time limit of three years from the motor vehicle accident date 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?
You could lodge a claim if you miss your deadline in some circumstances. Please get in touch with our legal team immediately for free legal advice.
Can I sue for emotional damage or psychiatric injury?
Emotional trauma is often associated with a traffic accident injury, so yes, you can sue for psychological impacts. Learn more about common law damages for mental suffering >