Motor Vehicle Accidents
How long after a car accident can you claim in Australia?
Depending on where in Australia your car accident happened and the type of personal injury claim you’re making, each state and territory has its own claim time limits. These can vary from one month after car accidents (QLD and ACT) up to 3 years (NSW). Explore more details on the time limits by state for motor vehicle accident claims.
How soon after a car accident should I file my injury claim?
The sooner you file your claim, the sooner your insurer can start covering your bills and motor vehicle accident expenses for you. But putting together a claim that accurately reflects the impact a car accident has had on you can take time. So while you definitely don’t want to miss your motor vehicle claims deadline, you also want to make sure you allow enough time for all your injuries and issues to be fully evaluated and accounted for.
Are there different types of accident injury benefits? Do they have different time limits?
There are two main types of injury benefits, and the maximum length of time you have to file a claim depends on the state or territory you’re in.
- Statutory Benefits
These financial benefits cover the driver who wasn’t at fault for death, injuries and loss of earnings for a set amount of time following car accidents. Some states now also allow at-fault drivers to access a proportion of these benefits. - Personal Damages
If a not-at-fault driver is left with severe and lasting injuries that cause them ongoing economic and non-economic suffering, they can claim additional personal compensation from the at-fault driver’s CTP insurance company in the form of Personal Damages.
How long do I have to file and make a claim after a car accident?
The table below shows the various time limits for submitting the two kinds of injury claims in each state and territory.
While this table was designed to be as accurate as possible, please consult us for advice and confirmation before filing a claim. We are experts on state laws and will be able to guide you through the requirements of each jurisdiction.
| State/Territory | Time Limit |
| NSW | Statutory Benefits – 3 months after car accidents Personal Damages Explore our CTP guide for more information. |
| VIC | Statutory Benefits – Under 18: By age of 21 – 21 and over: 1 year after you first notice the injury Personal Damages Explore our TAC guide for more information. |
| QLD | Statutory Benefits – Vehicle cannot be identified: 3 months – You have a lawyer handling your claim: 1 month after consulting with lawyer – Everyone else: 9 months after you notice the injury Personal Damages |
| SA | Statutory Benefits – Vehicle cannot be identified or is uninsured: As soon as is deemed reasonable – Everyone else: 6 months after the accident Personal Damages |
| WA | Statutory Benefits – 6 months after the accident Personal Damages |
| TAS | Statutory Benefits – 12 months after the accident Personal Damages |
| NT | Statutory Benefits – 6 months after the accident Personal Damages |
| ACT | Statutory Benefits – To receive early benefits: 30 days after the accident – To receive additional benefits (via CTP insurer): 9 months – Claiming via Nominal Defendant: 3 months – A lawyer is handling your claim: 1 month Personal Damages |
Can these time limits be extended?
It is possible for claims made after the stated time limits to be accepted – IF the relevant state authority agrees there were reasonable grounds for your delay. Some states also have slightly different limits to the ones listed above if the injured person is a child. It is ideal, though, to reduce the number of variables your claim must face and submit it within the stated limits if possible.
Make a motor vehicle accident claim today
LHD Lawyers help everyday Australians receive the benefits they are entitled to for motor vehicle accident claims. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy. Call 1800 455 725 to arrange a consultation.
Author: Phillip Scroupe
Original Publish Date: November 3, 2021
Last Updated: April 3, 2024
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