How long after a car accident can you claim in Australia?

by adminSeptember 6, 2019

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NOTE: Strict time limits apply to all CTP and road accident claims and there are no exceptions when it comes to car accident claims.

Please note: this article is general information only and should not be used as a substitute for legal advice. To speak to a solicitor in your jurisdiction call 1800 106 107.

What type of car accident claim do you need to make?

The very first thing you will need to do is identify what type of claim you need to make. Anyone who has been in an accident, depending on who’s at fault and the type of insurance cover they have, may be eligible to make;

  • a personal injury claim
  • a personal damages claim
  • or both

These claims often go hand in hand with one another.

What is a personal injury claim?

A personal injury claim is a legal process of recovering financial compensation for any losses incurred as a result of injuries suffered in a car accident. Depending on the state the incident occurred in and whether or  not you were at fault, you may be able to make a;

  • Statutory claim and/or
  • a personal damages claim

What is a statutory claim?

A statutory claim or benefits claim is immediate financial assistance paid our by the CTP insurer following a car accident. Such finacial assistance may include/cover; interim payments, medical treatment and rehabilitation costs.

In some states, depending on the type of scheme being operated, you may be entitled to benefits even if you were at fault for your accident. Payments are generally issued in form of weekly allowances and may be capped at a prescribed amount.

What is a personal damages claim?

A personal damages claim is more complex than a statutory claim because to be eligible to make a damages claim claimants are generally not at fault or it’s unclear who was at fault, the accident resulted in serious injuries or death.

Personal damages claims can be made by both victims and dependents in the case of death or incapacity.

Want to find out how much your claim could be worth?

Road accident claim limitations (state by state)

In Australia, each individual state and territory has its own statute of limitations. To put it simply, this means there is no one size fits all procedure so it’s important to know what’s what.

New South Wales

Statutory claims 

Up to 3 months after the date of the accident.

damages claims 

Up to 3 years after becoming aware of your injury/illness or 12 years after the accident, whichever comes first.

property claims

Up to 6 years after the accident.

If you require clarification on your matter please call our experts in Sydney and NSW on 02 9188 2023. They will quickly help you understand your rights and provide you with clear and comprehensive advice.

Victoria (TAC)

Statutory claims 

Up to 1 year preceding the date you realised you were injured.

damages claims 

Up to 6 years after the accident.

property claims

Up to 6 years after the accident.

Find out exactly how long you have to make a claim and what you can achieve by calling our local experts in Victoria on 03 8804 5769.

Queensland (MAIC)

Statutory claims 

Within 9 months of the date, an injury or illness appeared.

Damages claims 

Up to 3 years following the date of the accident.

Property claims

Within 6 years after the incident.

Our MVA claims solicitors in QLD will provide you with jargon free impartial advice to make light of your situation. Call 07 2104 9341 today and tomorrow could be one day closer to receiving a payout.

Alternatively, read our Queensland MVA claims guide.

Western Australia (ICWA)

Statutory claims 

With 6 months post-accident.

Damages claims 

Proceedings must commence within 3 years.

Property claims

Must be made within 6 years following the date of the accident.

To talk to a WA expert who has experience handling matters like yours, please call 08 6118 1673 to find out how we can make things right.

Alternatively, read our West Australian MVA claims guide here.

South Australia

Statutory claims 

Inside 6 months from the accident date.

Damages claims 

Within 3 years.

Property claims

Up to 6 years after the incident.

Did you know we handle all car accident claims via no win no fee?

Northern Territory (MACC)

Statutory claims 

6 months

Damages claims 

3 years

Property claims

6 years

ACT

Statutory claims 

9 months for additional benefits and 30 days for early payments.

Damages claims 

3 years after becoming aware of an injury.

Property claims

6 years following the date of the accident.

Tasmania

Statutory claims 

1 year

Damages claims 

3 years

Property claims

6 years

Do you have a car accident claim?

There is a myriad of complex factors which determine one’s ability to claim so for this reason we recommend calling one of our road accident lawyers for a free no-obligation claims assessment. They will quickly establish if you have a whether or not you have a claim, what type of claim you’re eligible to make, and how much you may be entitled to.

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