We’ve all heard the story. A friend of a friend was in an accident. They didn’t want to bother claiming compensation. A few years go by, and they’re still suffering. They decide to finally look into their options, but it’s too late… they’ve missed the deadline.
Well... what IS the deadline? And are you out of time?
BEFORE WE START...
Before you read on, it’s important you understand that time limits can vary depending on:
- Your location
- Your age
- The type of accident
- Your injuries
- And many other factors…
This guide will give you a basic understanding of some time limits in Queensland.
To find out the exact time limits that apply to you, we recommend speaking to a lawyer who can consider the above factors and figure out your specific time limits.
If you’d like our friendly team to calculate your time limits for you, feel free to contact us. Our initial consultations are free, so you can find out the time limits that apply to you at no cost.
the basics: limitation dates
What is a 'limitation date'?
If you want to pursue a claim, you must ensure that any formal legal proceedings are commenced in the relevant court or tribunal by a particular date (a ‘limitation date’).
This is because the Limitations of Actions Act 1974 (Qld) requires you to do so.
What happens if you miss the limitation date?
If another motor vehicle user was at fault, the injured person could bring a claim against the CTP insurer of that vehicle.
What limitation date might apply to me?
There are different limitation dates for different types of claims.
A personal injury claim (to compensate you for loss you suffer as a result of injuries sustained in an accident) typically has a limitation period of 3 years from the date of accident.
Can I leave it until the last minute to take action?
No.
For some types of claims, you have to complete certain steps before you’re allowed to commence formal legal proceedings in a court or tribunal.
If you haven’t taken those steps, you may not be able to commence proceedings in time.
Are there exceptions?
There are some exceptions to the usual limitation dates.
For example, if you are underage at the time of the accident, the limitation period will usually only begin once you turn 18.
If you think an exception might apply to you, talk to a lawyer who can confirm that for you.
You mentioned starting proceedings in a court. Do I have to go to court if I want to claim compensation?
Not always.
To be clear, any formal legal proceedings must be commenced in the relevant court or tribunal by the limitation date.
However, there are usually a number of informal steps that can be taken before starting proceedings in a court/tribunal. A lot of the time, you can access compensation just through those steps.
In fact, many people resolve their claims, and receive their compensation, before going anywhere near a court.
However, it is important to keep the limitation date in mind. If you can’t resolve your claim through the informal steps, you need to make sure you have enough time to commence formal proceedings before the limitation date.
SPECIAL LIMITATION DATES
What are special limitation dates?
In some circumstances, there are special limitation dates that apply.
Special limitation dates can be much shorter than the limitation periods mentioned above.
Example: Personal injury claim where the at-fault vehicle is unidentified
Take this example:
- You’re riding your motorcycle
- You’re involved in an accident with another motor vehicle
- The other motor vehicle caused the accident
- The other motor vehicle flees the scene
- You’re injured, and you want to claim compensation for your injuries
In this example, you may be able to bring a personal injury claim against an entity called the Nominal Defendant. The Nominal Defendant acts like a stand-in compulsory third party (CTP) insurer for when an at-fault vehicle is unidentified.
That type of personal injury claim must be commenced by giving a particular notice to the Nominal Defendant within 9 months of the motor vehicle accident.
This is because the Motor Accident Insurance Act 1994 (Qld) requires you to do so.
What happens if you miss the special limitation date?
If you miss the special limitation date, you will no longer be able to pursue your claim. In other words, your right to commence your claim will be lost forever.
OTHER IMPORTANT TIME LIMITS
Are there more time limits I need to know about?
Yes.
The limitation dates mentioned above are the dates you must commence formal legal proceedings in the relevant court or tribunal by.
Before commencing any formal legal proceedings, there are usually a number of informal steps you need to take (which have their own time limits).
What are some of the time limits?
Different time limits can apply to different types of claims.
We will walk you through one of the most common time limits below.
Informal time limit: CTP CLAIM FORMS
What is a CTP claim form?
If you’ve been injured in a motor vehicle accident caused by another vehicle, you may be entitled to pursue a compensation claim against the CTP insurer of the at-fault vehicle (or, in some cases, the Nominal Defendant).
To begin your claim, you must complete a specific claim form (known as a ‘Notice of Accident Claim Form’).
This is because the Motor Accident Insurance Act 1994 (Qld) requires you to do so.
What do you do with the claim form?
Once you’ve completed the claim form, you must deliver it to the relevant CTP insurer.
What is the time limit for delivering a claim form?
You are usually required to deliver your claim form within the earlier of the following periods:
9 months from the date of accident;
1 month from the date you first consulted a lawyer about the possibility of making a claim.
Are there exceptions?
Yes, there are some exceptions to the time limits mentioned above.
If you’re unable to deliver your claim form in time, you can still deliver it after the deadline, but you must provide a reasonable excuse for the delay.
TAKE-HOME MESSAGE
Any formal legal proceedings must be commenced in the relevant court or tribunal by the limitation date.
There are often informal steps that must be taken before commencing formal legal proceedings – these have their own time limits.
Time limits can vary depending on your situation.
If in doubt, talk to a lawyer who can calculate your time limits for you.
QUESTIONS?
If you’d like one of our friendly lawyers to calculate your time limits for free, or if you have any other questions, simply contact us.
There’s no catch. We offer free consultations, and we want to make sure you’re not missing out.