Whether you are seeking legal advice from personally suffering an injury, on behalf of an injured person, or as a relative or dependant for loss resulting from a person sustaining a fatal injury, here’s how long after a car accident you can file a claim in Queensland.
The legislation has set strict timeframes for claim form lodgements. You will need to give a reason for your delay if you plan to send a form later than the set timeframes.
The Notice of Accident Claim Form (Non-Fatal Injury) and the Notice of Accident Claim Form (Fatal Injury) are the 2 claim forms available to complete and lodge with either the driver in fault’s CTP insurer or the Nominal Defendant.
Lodging with the relevant CTP insurer
The CTP insurer requires your complete claim form no later than 9 months after the date of the car accident or the first appearance of your injury symptoms. If you do not have the name and address of that insurer, contact the Motor Accident Insurance Commission. You will need the registration number of the motor vehicle or vehicles responsible for causing the car accident to assist in the search.
After lodgement, you should receive notice from the CTP insurer within 14 business days with their decision. The CTP insurer might ask for more information, such as photograph evidence or medical reports. It will be important to prepare these to help the outcome of your claim. Once the CTP insurer finalises your claim, you can discuss and agree on the payment to you for your injuries or losses.
Retained legal counsel
If you choose to hire a lawyer, your claim form must be given to the CTP insurer within 1 month of your first consultation. Please note, this does not extend any of the time limits. It is also expected you take all reasonable steps to recover from your injury, from example, having reasonable and appropriate treatment and rehabilitation.
Lodging with the Nominal Defendant
If the driver at fault was unregistered or unidentifiable, send your completed form to the Nominal Defendant. The Nominal Defendant is a statutory body to help provide compensation to people who have been injured as a result of the negligence of another.
The Nominal Defendant requires your lodgement no later than 3 months after the date of the car accident unless there is a reasonable excuse for the delay, and no later than 9 months, otherwise, your claim will be excluded from consideration.
Lodging over 9 months from the date of the accident
If you have not completed a claim form within the timeframes given above, be sure to include as much evidence in the ‘Additional information/excuse for delay’ section at the back of the Notice of Accident Claim forms. Additionally, the insurer can ask you to complete the Additional Information Form – December 2019.