Worried about how long after an accident you have to make a claim? We are here to help put your mind at rest.
Claiming after an accident
Each Australian jurisdiction has a limitation statute which sets out the maximum amount of time a plaintiff has to commence legal action. The prescribed limitation periods range from 3 to 6 years for personal injury claims. however, applications can be made so that victims of no-fault accidents can claim outside of the limitation period. If successful, in special circumstances the courts may grant an extension the limitation period.
If you think that you have left it too late to commence legal proceedings contact us as a matter of urgency on 1800 106 107.
Time limits in your state
Please note, the following information is designed for general information only and not to be taken as fact.
New South Wales
Road accidents
In NSW, SIRA regulates compulsory third party scheme who generally permit 3 years in which to seek compensation for an NSW motor accident. If you some reason you do not take action within 3 years, you may lose your right.
Workplace accidents
Individuals who have suffered an injury due to a work accident in NSW need to make sure your injuries are reported within 6 months of the injury. There are instances where you can claim outside that so if you are in doubt, call us.
In regards to claiming work injury damages, court proceedings must start no later than three years from the date of injury.
Accidents in public
In NSW personal injuries are governed by the Civil Liability Act 2002. The time limitation for bringing a personal injury case is generally three years. Under ACT, the date from which the 3 years starts is the date you realised your injury or illness.
In NSW there is a 12-year long-stop limitation period runs from the time of the act or omission alleged to have resulted in the injury or death, not the date of discoverability.
The 12-year long-stop limitation period may apply to certain accidents.
Victoria
Road accidents
Claims for road accidents in VIC must be made within one year of the date of the transport accident or the date when the injury first comes to light. On certain grounds, the TAC may also consider a claim made outside of this time limit if it is made within 3 years.
Workplace accidents
Accidents in public
Under the Limitation of Actions Act 1958, the general limitation period to file a case is 3 years from the date you discovered you had an injury or 12 years after the act or omission.
For children or people with a disability, the time limit from the date of discoverability of a cause of action is 6 years.
Queensland
Western Australia
If you have gone outside of the time limits we might still be able to help.
Workplace accidents
If you have been injured in a work in WA accident you must take action within 12 months from the date you became injured or discovered an illness. If you need to make a common law claim against your employer due to their negligence then you will have 3 years in which to bring a claim starting from the day of the accident or when you first noticed your injury.
Road accidents
If you have been injured in what would legally be considered a road accident then the statute of limitations allows plaintiffs 3 years to bring any legal action.
There's a number of ways which our motor solicitors can grant an extension to make an ICWA claim if you have missed the deadline.
Accidents in public
Negligence in Western Australia is governed by the Civil Liability Act 2002. Under the Act, the statute of limitations is set at 3 years from the date of the accident which caused your injuries, or from when you realised that you had suffered harm.
Children under the age of 15
South Australia
Tasmania
Northern Territory
Australian Capital Territory
How long do I have to make a personal injury claim?
If you need to make a personal injury claim, the last thing you want to do is run out of time.
Suffering an injury in an unexpected accident is inconvenient, to say the least, and claiming might not be the first thing on your mind. However, strict timeframes are associated with claiming and leaving it too late can be disastrous.
Missing the deadline could mean that you lose your right to compensation as your claim becomes (statute Barred). Countless Australians have lost out on hundreds of thousands of dollars in compensation for not acting promptly.
You can find out whether or not you still qualify using our online eligibility checker.
So what are the personal injury claim time limits?
In most cases, claims for injuries suffered in no-fault accidents should be made within three years of the date of the injury. But this timeframe isn't set in stone. There are many ways a lawyer can grant you more time.
Due to the many jurisdictions In Australia and difference in legislation from state to state it' would be near impossible to list all of these ways on our website. But for example, serious personal injuries often merit an extension and claims such as dust diseases don't have any limitations.
For this reason, even if you believe you have missed the deadline, we might still be able to help.
What type of personal injury claims have a deadline?
Some of the most common types of cases we handle which have a time limit include but are not limited to:
- Road traffic accidents
- insurance claims
- work accidents
- accidents in public
- medical negligence
Why it is so important to act promptly
Before any formal legal proceedings can commence there a few routine obligations that should be carried out by your lawyer.
These include but are not limited to:
- Assessing your eligibility for no win no fee legal terms
- speaking to and gathering statements from witnesses
- arranging for you to attend an independent medical examination
- evaluating evidence, such as photographic or video evidence
- obtaining an expert testimony
These are pretty run of the mill tasks that are associated with almost all personal injury claims and can take anything from a few days, or sometimes weeks, to carry out. For this reason, it's important to give yourself and your lawyer enough time to complete these tasks before the three-year limitation period ends.
leaving it too close to the deadline can make it very difficult to assess and lodge your claim in time. If you think you are coming close to the three-year mark we strongly recommended that you contact us as soon as possible to discuss your matter with one of our lawyers.
We have conveniently placed offices throughout the country and head offices in Sydney, Melbourne, Brisbane, Perth, Adelaide, Hobart and Darwin.
Claiming as a child.
If someone was under the age of 18 at that time they suffered an injury, then you have 3 years from the date of their/your 18th birthday to put forward a claim.
Alternatively, a parent or guardian can start legal proceedings on their behalf.
Do you need to make a claim on behalf of someone else?
How long after a car accident can you claim in Australia?
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.
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.
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.
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.
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.