After a motor accident, your first thought isn’t always applying for compensation, but in Queensland, deadlines are vital, and you need to know how long you have to make your claims. How long you have to submit a motor accident claim varies depending on whether you are lodging your claim with the Motor Accident Insurance Commission (MAIC) for a Compulsory Third Party or to start legal proceedings for a compensation claim with a lawyer. Depending on how you lodge your claim, you will have between 9 months and 3 years from the accident date to make your claim.
Today, let us show you how long you have and walk you through the claim process in more detail.
Motor accident claim time limits in Queensland
When applying for a motor accident claim in Queensland, you must ensure you meet the deadline. Submitting your claim too late can result in rejection, leaving you without the compensation you deserve. As we mentioned, you typically have between 9 months and 3 years after the accident to lodge your claim, depending on how it is lodged. We have detailed the time limits for both methods of claiming compensation after a motor accident.
Notice of accident claim
The initial notice of accident claim form needs to be submitted to the Compulsory Third party within nine months from the date of the accident or nine months from when symptoms of the injury become evident. You might forfeit your right to claim if you do not meet these deadlines.
Sometimes, an extension can be granted, but you must prove you have a reasonable excuse for the delay. The extensions are granted case-by-case; a lawyer can help you with them if needed.
In cases where the other driver is unknown, like a hit and run, you will have 3 months to submit your claim, so you must be swift when completing the relevant documentation. The deadline is even shorter once you have legal representation, and you must submit your form within one month of your initial consultation. When seeking legal assistance with your claim, ensure they have the resources to meet this deadline.
Common law compensation claim
If you make a common law or compensation claim with a lawyer, you typically have three years from the accident date to submit your claim. There are some exceptions where you can have an extension for your claim. If you were underage at the time of the accident, the three-year time limit will not begin until you reach 18 years old. This does not apply to every case, so check with your lawyer before you delay claiming.
We recommend seeking legal advice as soon as possible to ensure that you do not miss any deadlines. This allows you and your legal team plenty of time to gather all the evidence needed to increase your chances of a successful claim.
Motor accident claim process
Knowing what to expect when you lodge your compensation claim is also worth being aware of the accident claim process. The claims process is usually the same, but there can be some differences depending on the nature of your claim. Your lawyer will inform you before proceeding and should be your first port of call for any questions.
To help you better understand the process ahead of you, we have outlined the process below:
- Engage a lawyer to help you with your case, providing them with as much information as possible
- File a notice of accident claim form before the deadline
- Fact-finding and liability establishment will take place to find who is responsible for the accident
- Negotiation with insurers to obtain fair compensation
- Mediate to agree to a settlement with the other parties’ insurance. If a settlement is not achieved, the claim can be moved to court
- A tax-free lump sum settlement is awarded, and you get the compensation you deserve.
Find your motor accident injury lawyers in QLD today
You must file your motor accident claim in time to get the compensation you deserve. There are a variety of motor accident injury lawyers in QLD who can help you, but we recommend Smith’s Lawyers, a group of experienced lawyers who will stop at nothing to get you the result you deserve.
