Rae Castillon on July 25, 2024 No Comments
Have you been involved in a car accident and want to know how long you must file a claim? Knowing when to file your car accident claim can be tricky, especially if you have never needed to file one before.
That’s why we have teamed up with our friends at Smith’s Lawyers to provide the answers you need. Our guide today walks you through the best time to file a compensation claim and how long you have to file a claim.
When Is The Best Time To File A Car Accident Compensation Claim?
The best time to file a car accident compensation claim is as soon as the accident occurs or the injury becomes apparent. The sooner you start legal proceedings, the sooner you can get the compensation you deserve from the accident. Of course, you don’t want to add any stress to your recovery after an accident, so be sure you are in the right headspace before speaking to a lawyer or asking a friend or relative to help you with any forms.
By enlisting the help of a personal injury lawyer, they can take over the stress of the claim for you, gathering the evidence they need to get your compensation. It is better to start the proceedings as soon as possible, as it can be quite a long process, especially if the claim ends up being disputed in court.
How Long After A Car Accident Can I File A Compensation Claim?
There are strict limits to how long you can file a compensation claim after an accident. Generally, you have three years from the date of the injury to file a personal injury claim after an accident. However, initial stages are required to file a personal injury claim before this.
The rules vary, depending on where you live and the type of injury you’re climbing. We have outlined the deadlines you must consider for vehicle-related and work-related road injuries in Queensland, so you know when your claims must be submitted.
Vehicle-Related Injuries
You have nine months from the accident date or when injuries first become apparent for your vehicle-related injuries to lodge a Notice of Accident Claim Form (NOAC) with the Compulsory Third Party Insurer (CTP Insurer). You can submit it after nine months, provided you have a reasonable excuse for the delay. This must be submitted within the first three years after the accident, or you cannot make the claim.
You also have one month from the first consultation with a lawyer about making a claim to lodge a form. Your NOAC must be lodged within one month, even if you are still within the initial nine-month period listed earlier. Should you decide to proceed with your lawyer, they can help you complete and submit this form.
In some cases, the motor vehicle cannot be identified, like a hit and run, or if the vehicle was unregistered. When this happens, you have three months from the accident date to lodge a Notice of Accident Claim for with the Nominal Defendant. You can have an extension if a reasonable excuse is provided, but you must submit the form within the first nine months of the accident, or you will be barred from making a claim.
Once your NOAC claim is submitted, you have three years from the date of the injury or accident to start legal proceedings.
Work-Related Road Injuries
When you are involved in a work-related road injury in Queensland, you have six months from the day the injury occurs or when it is assessed by your doctor to lodge a claim with WorkCover Queensland or your employer’s workers’ compensation if the insurer is self-insured. All parties must complete this step, regardless of who is at fault.
You also have three years from the date of the accident or injury to start court proceedings for a common law claim. You can run this claim alongside a standard Workover claim where the negligence of your employer or any other party has caused or contributed to your injury.
It’s worth noting that there are some exceptions to these rules. Victims under 18 have longer, and their three-year period does not start until their 18th birthday.
Final Thoughts
While you have three years to submit a claim for compensation after a car accident, it is better to do it as soon as possible. The earlier you submit your claim, the sooner you can enjoy compensation. When filing your compensation claim, pay attention to the one and nine-month deadlines for vehicle injuries and three-month deadlines for work-related injuries.
