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Motor Accident Claims

If you are injured in a motor vehicle accident, or in trying to avoid a road or traffic accident, and the accident is not your fault, then you are entitled to make motor vehicle accident claims for compensation against the at-fault driver.

You can be a passenger, a pedestrian, a cyclist, even the driver of the other vehicle and make a claim. The claim will proceed against the compulsory third party insurer.

These types of claims are commonly referred to as CTP claims and anyone injured through no fault of their own in an incident involving a vehicle has an entitlement to make a claim through the Queensland compulsory third party (CTP) insurance scheme.

 

The above is general information only and not intended to be legal advice. You should not rely on this information to make decisions but should seek expert legal advice about your specific circumstances.

Car Accident Claims Time Frame

All CTP insurers are bound by the rules set out in the Motor Accident Insurance Act 2004 and Civil Liability Act 2002.

If you are making motor vehicle accident claims under that scheme, you also have some rules you need to follow, such as:

• To be entitled to make a claim you must report the accident to the police as soon as possible after the accident.
• Your initial notice of claim must be submitted to the CTP insurer of the at fault vehicle within 9 months from the date of accident or within one month of you consulting with a vehicle accident lawyer about potentially making a claim. You can be late but you need to explain why you are late.
• If you cannot identify the vehicle in the accident that caused your injury, your initial notice of claim must be submitted to the Nominal Defendant Insurer within 9 months of the accident. If you are late, there are no second chances; you will be prohibited from making a claim.
• All negligence claims have a three-year limitation period. Proceedings must be commenced within three years from the date of accident.

 

The above is general information only and not intended to be legal advice. You should not rely on this information to make decisions but should seek expert legal advice about your specific circumstances.