Are There Time Limits for Filing a Motor Vehicle Accident Claim in Queensland?
The date you are injured 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 strict time limits that will apply to your motor vehicle accident 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 to remind you of these dates is wise, as the impact of missing the time limits could mean losing your entitlement to claim.
A Notice of Accident 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.
Are the time limits for claiming compensation different if the other vehicle is unidentifiable?
There are special rules where an unregistered vehicle or an unidentified vehicle is involved. In this case there is no CTP Insurer and much stricter and shorter time limits apply. There is a limit of 3 months to lodge the Notice of Accident Claim Form with the Nominal Defendant. The Nominal Defendant is a Government body who acts as the insurer in these matters. If you do not lodge the claim form in the 3-month period, it is possible to lodge it within 9 months along with a reasonable excuse for delay. After the 9-month period, if the Notice of Accident Claim Form is not lodged with the Nominal Defendant, the right to claim is lost, in legal terms this is called statute barred.
In addition to the requirement to give a Notice of Accident 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.
We recommend contacting a lawyer and discussing the specific circumstances of your car accident so that you can properly understand and take note of all time limits relating to your claim so that you are properly protected and do not lose any rights by missing any important time limits.
