Kathryn MacDonell
Chief Executive Officer
Kathryn is Trilby Misso’s Chief Executive Officer.
Meet Kathryn
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Are there time limits to make a claim as the driver in a car accident in Queensland?
If you are the driver in a car accident 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 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 specific car accident 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 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.
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 to allow the claim to proceed.
We recommend contacting a lawyer and discussing the specific circumstances of your car accident so that you are properly advised and protected and do not lose any rights by missing any important time limits.
Learn more about claiming as the driver in a car accident in Queensland
https://maic.qld.gov.au/for-injured-people/all-about-claims/
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Your next step is a small one, but don’t delay
Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.
During this initial conversation, we will:
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