Time limits

Work accident time limits details

Road / Motor vehicle accident claims time limits details

Other accident claims time limits details

Work accident time limits

Generally, in relation to an accident in Queensland you only have three years from the date of an accident within which to issue proceedings in Court. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.

However if a Notice of Claim form is lodged and deemed ‘compliant’ within the three year period the limitation period is extended until 60 days after a compulsory conference is held. If a Notice of Claim is not lodged and compliant within the three year period the action will be statute barred.

Please contact us by clicking here to receive free legal advice.

Road / Motor vehicle accident claims time limits

Generally the Limitation of Actions Act 1974 places a three year period of limitation of actions for injuries from the cause of the action (usually the date of accident). However, the Motor Accident Insurance Act has imposed the following, stricter time limits:-

Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not comply with notification and other procedures pursuant to the MAIA and issue in Court within this time then you could lose your rights forever and be prevented from claiming.

Written notification must be given to the police.

Generally a notice of claim pursuant to s.37 must be lodged within 9 months from the date of accident, failing which your claim can be dismissed by the insurer.

Should the defendants vehicle be uninsured, or unidentified, then notice must be given to the Nominal Defendant within three months.

Time limit for making a claim against the nominal defendant is 3 months. Failure to do so will result in you losing your right to claim forever. If you believe the nominal defendant may be involved in your matter, click here.

Other accident claims time limits

Generally, you only have three years from the date of an accident within which to issue proceedings, should you not settle or issue proceedings within this time, you could lose your rights forever and be prevented from claiming.

Generally, written initial notification in the form a “Notice of Claim” must be given to the party liable for the injury within either nine months of the injury or one month after consulting a solicitor. Special provision apply in relation to notification in medical negligence matters, especially those involving minor. In these circumstances you should contact a personal injury specialist solicitor. Click here.

If the notice of claim is lodged outside this time period, an explanation must be provided detailing a reasonable excuse for delay.

Once the notice of claim has been deemed compliant and medical reports obtained a compulsory settlement conference must be held prior to being in a position to lodge court proceedings.

There are important time limits which may alter the 3 year limitation period, for example, following a compulsory conference proceedings must be issued within 60 days following the conference.

It is therefore important that you contact a personal injuries accredited specialist, to do so, click here or call our hotline on 1800 700 125