What time limits apply?

There are important time limits for Queensland motor vehicle claims. You may be prevented from bringing a claim if they are missed. It’s important that you receive appropriate advice regarding time limits as exceptions can apply.

Claim Lodgement

Where the at-fault vehicle is identified

We must lodge a Claim Form (Notice of Accident Claim) within the earlier of:

• 9 months after the accident or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury; or
• 1 month of you first consulting a lawyer about the possibility of making a claim.

We may be able to give a reasonable excuse for delay if the Claim Form is lodged outside of these time frames, but we recommend compliance with the time limits wherever possible.

Where the at-fault vehicle is unidentified

• We must lodge a Claim Form (Notice of Accident Claim) within 3 months after the accident.

If we can give a reasonable excuse for delay, a Claim Form may be lodged outside of this time frame, but a compliant Claim Form MUST be lodged within 9 months after the accident. Otherwise, you will forever be prevented from bringing a claim.

It may seriously affect your rights if the Claim Form is not lodged within time. We both need to do our parts and work together throughout the claims process to make sure your Claim Form is completed and lodged within time. 

Court Proceedings

In Queensland, an injured person has 3 years from the date of the accident to bring a claim in a court; otherwise, they will lose their rights to bring a claim forever.

Prior to bringing a court claim, you must comply with several pre-courts procedures, including claim lodgement mentioned above. If we cannot settle your claim through the pre-courts process, it is important that we commence court proceedings within 3 years to protect your rights. Again, we recommend that you comply with the time limit wherever possible, even though there are exceptions to this rule.