Car accident claim time limits in Queensland

9 months	Notice of Accident Claim Form to the CTP insurer, from the accident or the first appearance of symptoms
1 month	From the day you first instruct a lawyer about the claim, if that falls earlier than the nine months
3 months	Nominal Defendant claims where the vehicle was never identified, such as a hit and run
3 years	Starting court proceedings, from the date of the accident. This is the hard one

The nine month notice

Under the Motor Accident Insurance Act 1994 a Notice of Accident Claim Form must be given to the CTP insurer of the at-fault vehicle within nine months of the accident, or of the first appearance of symptoms if they came on later. Lodged inside that window, the claim proceeds normally.

The one month trap

If you consult a lawyer about the claim, the notice must be given within one month of that first consultation, even where the nine months has months left to run. People who saw a lawyer early, did nothing, and came back at month seven are the ones this catches.

Late notices and the reasonable excuse

A notice given outside the period is not automatically fatal. It must state a reasonable excuse for the delay, and the insurer decides whether to accept it. Excuses that are accepted tend to be concrete: the injury did not present as serious until a specialist review, English is a second language and no one explained the process, the claimant was in hospital. An excuse that amounts to not getting around to it usually is not.

Children, and people who cannot manage their own affairs

For a child, the three year limitation period generally runs from their eighteenth birthday, and for a person under a legal incapacity the position differs again. Both should still be assessed early, because witnesses and medical records do not wait for a limitation period.

Hit and run: three months, not nine

If the vehicle that caused the crash was never identified, the claim is against the Nominal Defendant and the notice period is three months from the accident. You also need to show you made proper enquiries to identify the vehicle, which in practice means a police report, canvassing for witnesses and looking for CCTV, done promptly.

Questions

Is it too late if it has been more than nine months?

Not necessarily. A Notice of Accident Claim Form lodged after nine months must include a reasonable excuse for the delay, and if the excuse is accepted the claim proceeds. What you cannot recover from is passing the three year limitation date without starting proceedings, so late claims should be assessed immediately rather than assumed dead.

When does the nine months start, the accident or the injury?

It runs from the day of the accident, or from the first appearance of symptoms if they emerged later. Because arguing about when symptoms first appeared is a fight you do not want, treat the accident date as your deadline.

Why is there a one month limit after seeing a lawyer?

The Act stops the clock being extended by consulting a lawyer and then doing nothing. Once you first instruct a lawyer about the claim, the notice must be given within one month, even if the nine months has not run out. This is the deadline that catches people who saw someone early and did not proceed.

Are the limits different for children?

Yes. For a child, the three year limitation period generally does not begin until they turn eighteen, and the notice provisions are applied differently. Claims for injured children should still be started early, because the evidence ages the same way.