Have you or a loved one been involved in a car accident and pursuing car accident compensation? In Queensland, strict time limits apply when seeking car accident compensation, whether you are a driver, passenger, or pedestrian.
3 Year Time Limit to Claim Compensation
If you have sustained an injury in a car accident, generally, you have only three (3) years from the date of an accident within which to issue proceedings in Court. If you do not do so, you could lose your rights forever and be prevented from claiming (“statute-barred”).
You should also be aware that before you can issue proceedings in Court, you must first comply with “pre-Court” notification and other procedures according to the Motor Accident Insurance Act 1994 (“MAIA”).
Am I Able to Claim Compensation after 3 Years?
Understand some circumstances; you can still make a car accident compensation claim past three years of your incident. This rule applies if you were younger than 18 when the accident happened or if you are living with a disability. If this is your situation, you should get legal advice immediately. Pursue your legal rights.
CTP Claim Time Limits
CTP claims also have stringent limit limits. You must initiate a CTP claim within nine months of the incident or within one month of seeking legal advice from a lawyer – whichever happens first.
If the at-fault vehicle was registered, then the standard 3-year time limit applies. If your accident involved an unregistered vehicle, the time limits are reduced significantly.
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.
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.
Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardise a claim. Many other time limits can risk your opportunity for a successful case.
We Can Help
At Splatt Lawyers, 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 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 SPLATT (1800 775 288).