If you’ve been involved in a car accident, it’s important to understand how long you have to make a claim. At Crew Legal, we work with individuals and families across Kippa-Ring, the Redcliffe Peninsula, North Lakes and surrounding areas helping them navigate the legal process with clarity and confidence.
Time limits apply to both injury and property damage claims, and missing a deadline could affect your right to compensation. Here’s a breakdown of the key time limits anyone involved in a car accident should know:
CTP injury claims time limits
Under the Motor Accident Insurance Act 1994 (as amended), a Notice of Accident Claim Form must be served:
- Where the registration number of the at fault vehicle is known – within 9 months of the date of the accident. If outside of that period, there is a continuing obligation to serve the Notice of Accident Form but it must also include a reasonable excuse for delay in service of the Notice;
- Where the registration number of the at fault vehicle is not known – a Notice of Accident Claim Form must be served upon the Nominal Defendant within 3 months of the date of the accident. If a Notice is not served within 3 months, there is a requirement to serve the Notice within 9 months of the date of the accident with a reasonable excuse for delay. If a Notice is not served on the Nominal Defendant within 9 months of the date of the accident, the claim is statute barred.
Under the provisions of the Limitations of Actions Act 1974 a Court proceeding must be filed in respect of the personal injury claim within 3 years of the date of the injury or the injured person’s right to claim may be statute barred.
Property damage claim time limits
Pursuant to the provisions of the Limitations of Actions Act 1974, Court proceedings must be filed in respect of any property damage claim arising out of the car accident within 6 years of the date of the accident.
Seek advice at an early stage
It is very important that advice be sought from a legal practitioner at an early stage following a car accident. This is particularly the case where there may be uncertainty regarding the identity of the vehicles involved in the accident and the potential at fault party. Rights to claim may be lost where time limits to lodge claims are not met.
At Crew Legal, we understand how overwhelming the aftermath of a car accident can be, especially when you’re trying to recover from an injury. Our experienced personal injury lawyers are here to take the pressure off and guide you through the claims process.
If you’re unsure about your next steps or worried about time limits, don’t hesitate to contact our Kippa-Ring office today for a free, no-obligation consultation and get the advice you need to move forward with confidence.
At your most vulnerable time, our Crew are here to help.
