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      Do time limits apply to motor accident claims?

      Quick answer

      Yes, strict time limits apply to motor accident claims.

      Generally speaking, you will need to notify your state insurer as soon as possible after the accident. You’ll then have between 13 weeks to 3 years to start court proceedings, depending on the rules in your state.

      Below, you can find our state-by-state guide to time limits for motor accident claims.

      In depth answer

      Every registered vehicle in Australia must have Compulsory Third Party (CTP) insurance. This acts as a safety net for people injured on the road, providing compensation to cover lost income and medical expenses. Every state has a different CTP insurer, so the rules around motor accident claims differ from state-to-state. This includes the time limits that apply to your claim.

      Different laws apply in different states. Please choose your state below so we can show you the most relevant content.

      In NSW, the time limit depends on whether you’re making a ‘no-fault’ claim or a negligence claim.

      No-fault claims

      As the name suggests, no-fault claims do not require you to prove ‘fault’. This means you can receive compensation no matter who caused the accident. The key time limits that apply to no-fault claims are:

      • You should file a police report within 28 days of the accident.
      • You must lodge an Application for Personal Injury Benefits form to the Personal Injury Commission within 3 months.
      • You have 3 years from the accident date to commence proceedings in court.

      During this time, the insurer’s doctors will examine your condition and determine if your injuries are threshold (minor) or non-minor. This classification determines what types of compensation you can claim and how long you can receive payments. If you disagree with this classification, you have 28 days to request an internal review.

      Negligence claims

      In addition to your no-fault claim, you may have a negligence claim if:

      • Your injuries are non-minor.
      • The accident was someone else’s fault.

      You will need to commence court proceedings within 3 years of your motor accident. To find out more about negligence claims, head to our guide to motor accident compensation.

      In Victoria, the time limit depends on what type of claim you’re making: ‘no-fault’ or negligence.

      No-fault claims

      A no-fault claim provides compensation regardless of how your accident happened. To make a successful claim, you must report the accident to the Transport Accident Commission (TAC) as soon as possible. You then have 12 months from the accident date (or the date when your injury first appeared) to submit your claim to the TAC.

      Negligence claims

      In addition to your no-fault claim, you may have a negligence claim if:

      • The accident was someone else’s fault.
      • Your injury is ‘serious’.

      You must begin your negligence claim within 6 years of your accident.

      To learn more about negligence claims (including how the TAC determines ‘serious’ injuries) read our guide to motor accident compensation.

      In Queensland, you are only entitled to compensation if you’re not at-fault for the accident. To begin your claim, you must lodge a Notice of Accident Claim Form to the Motor Accident Insurance Commission (MAIC) within either:

      • 9 months of the accident, or
      • 1 month of seeking professional legal advice.

      You then have 3 years from the accident date to begin proceedings in court.

      In South Australia, you can only receive compensation if were not at-fault for the accident.

      To start your claim, you need to file an Injury Claim Form with the South Australian CTP Regulator within 6 months of the accident. You then have 3 years from the accident date to start court proceedings.

      In Western Australia, you’re only entitled to compensation if the accident was not your fault.

      You must report the accident to the police within 28 days and notify the Insurance Commission as soon as possible. You then have 3 years from the accident date to begin court proceedings.

      In Tasmania, the time limits are based on whether you’re making a ‘no fault’ or negligence claim. While no fault claims can be made regardless of how the accident happened, negligence claims require proof that it was someone else’s fault.

      No fault claims

      After the accident, you have 12 months to file both an Application for Benefits Form and a Notice of Accident Form with the Motor Accidents Insurance Board. You must then begin court proceedings within 3 years from the accident date.

      Negligence claims

      If the accident was caused by someone else, you may also have a negligence claim. You must begin your claim within 3 years of the accident.

      To learn more about negligence claims, head to our detailed motor accident compensation guide.

      In the Northern Territory, the time limit depends on whether you’re making:

      • A no fault claim.
      • A negligence claim.

      No fault claims

      You can make a no fault claim regardless of who caused the accident. You should submit your claim form to the Motor Accidents Compensation Commission within 6 months of the accident. You then have 3 years from the accident date to begin proceedings in court.

      Negligence claims

      You may have an additional negligence claim if the accident was someone else’s fault. It’s essential to start your claim within 3 years of the accident.

      To learn more about making a negligence claim, head to our detailed motor accident compensation guide.

      In the ACT, the time limit depends on the type of claim you’re making: a no fault claim or a negligence claim.

      No fault claims

      No matter how the accident happened, you’re entitled to make a no fault claim. To do so, you must report the accident to the police within 24 hours. If you’re claiming for lost income, you then have 13 weeks from the accident date to file a claim with the Motor Accident Injuries Commission.

      If you’re outside this time limit but have a valid reason for the delay, you may be eligible to claim up to 2 years after the accident.

      Negligence claims

      If the accident was caused by someone else’s carelessness, you may have a negligence claim. You must file your claim within 3 years of the accident.

      To learn more about negligence claims in the ACT, read our guide to motor accident compensation.

      What if I’m already outside the time limit?

      If you’re already outside your state’s time limit, there are still options available — just speak to a lawyer immediately. Our specialist motor accident lawyers have a detailed knowledge of the time limit exceptions in each state, and can apply for an extension on your behalf. Over the years, we’ve successfully resolved hundreds of delayed motor accident claims for our clients.

      How we can help

      Working with an expert lawyer gives your claim the greatest chance of success. Our team specialise in motor accident law across every state and will ensure you meet all state-specific requirements, including time limits. We’ll also compile compelling evidence to support your claim, and handle all negotiations with the state insurer on your behalf.

      As part of our comprehensive service, we find all your additional entitlements, such as income protection and Total and Permanent Disability.

      Speak to us today for free advice on your motor accident claim. Find out where you stand, and how to get maximum compensation for your injuries.

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