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    Are there time limits to make an e-scooter accident injury claim?

    September 23, 2024

    Are there time limits to make an e-scooter accident injury claim?

    The date you are injured in an e-scooter accident is a very important piece of information your lawyer will want to establish as soon as possible so that they can advise you of any important time limits that will apply to your claim. Time limits create a deadline in which notices have to be given to insurers and court documents are to be filed with the Court. These timeframes are very important and missing them can result in you losing your right to make a claim.

    It is recommended that you call a lawyer as soon as possible and get advice on what time limits will apply to your circumstances. Making a note and reminders of these dates is wise as the impact of missing the time limits could mean losing your entitlement to claim.

    A Claim Form must be lodged with the insurer on the earlier of 1 month from consulting a lawyer or 9 months from the date of accident. A lawyer can help you prepare and lodge this claim form within the right insurer and within necessary time frames.

    In addition to the requirement to give a Claim Form within the prescribed period, the courts in Queensland have a three year limit for you to file documents to protect your claim. If more than three years has lapsed since the accident, and you have not filed court documents it is likely you have lost your entitlement to claim. However, you should still seek legal advice to establish if there are grounds upon which an extension of time may be granted, although it is in very limited circumstances that the court will exercise their discretion to allow the claim to proceed.

    We recommend contacting a lawyer and discussing the specific circumstances of your e-scooter accident so that you are properly advised and protected and do not lose any rights by missing any important time limits.

    Further reading on e-scooter accidents in Queensland

    https://www.qld.gov.au/transport/safety/rules/wheeled-devices/personal-mobility-devices

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