Queensland CTP claims: time limits and notice requirements

Who this guide is for

This guide is for people injured in a motor vehicle accident in Queensland (drivers, passengers, riders, cyclists and pedestrians) who are thinking about a compulsory third party (CTP) claim for their injuries. It is general information, not legal advice about your situation.

The general notice requirements

MAIC describes these timeframes for lodging the Notice of Accident Claim Form:

• Most situations: by the earliest of nine months after the accident (or, if injuries were not immediately apparent, nine months after symptoms first appeared), or one month after your first meeting with a lawyer, if you have engaged one to handle your claim.
• The at-fault vehicle cannot be identified: the form must be lodged with the Nominal Defendant within three months of the accident. MAIC's claim forms also state that, in any circumstance, a claim against the Nominal Defendant must be lodged within nine months.
• Children (under 18): claims should still be lodged as soon as possible. If a claim is lodged late, the insurer may ask for an explanation, and the child's age is often relevant.

The claim form has a section for explaining any delay. The insurer reviews the explanation and decides whether to accept it. That decision is the insurer's, so it is safer not to rely on it.

Why the one-month-after-lawyer rule matters

Many people assume they have nine months no matter what. However, if you engage a lawyer to handle your claim, the deadline can become one month after your first meeting with that lawyer, if that date comes first. In practice, this means that once you have seen a lawyer about the claim, the form should be prepared promptly. If you have already spoken to a lawyer, tell any new lawyer when that first meeting happened.

If you do not have the vehicle, insurer or injury details yet

Missing information is common, and it is not a reason to wait without taking advice.

• Vehicle and insurer: the claim goes to the CTP insurer of the vehicle that may have caused the accident. If you have the registration number, MAIC's Find a vehicle's CTP insurer tool can help identify the insurer. If the vehicle is unidentified or uninsured, the claim may need to go to the Nominal Defendant, and MAIC says you should make a genuine attempt to identify the vehicle first.
• Police report: MAIC says you must call the police if someone is injured in an accident in Queensland, and to record any reference number police give you, as it will be needed for a claim.
• Injuries: you do not need to know the full extent of your injuries to lodge the form. MAIC's form lets you indicate that you are not ready to settle at this stage. Damages are usually assessed later, once injuries have stabilised.

Preserving evidence

• Record the registration numbers of every vehicle involved, and the names and contact details of drivers and witnesses.
• Take photos of the scene, the vehicles, road conditions and your injuries if it is safe to do so.
• See a doctor promptly and tell them how the injury happened. Keep referrals, certificates and receipts.
• Keep records of time off work, pay slips and out-of-pocket expenses.
• Ask nearby businesses about dashcam or CCTV footage early, as recordings can be overwritten.
• Keep a short written account of what happened while your memory is fresh.

CTP injury claims and property-damage claims are different

CTP insurance covers injuries to people. It does not cover damage to vehicles or other property. Vehicle repairs are usually dealt with through your own or the other driver's comprehensive or third party property insurance, or directly with the other driver. These are separate processes with their own requirements, and settling a vehicle-damage claim does not deal with an injury claim.

Court time limits are separate

The notice timeframes above are not the same as the time limit for starting court proceedings. Most CTP claims resolve without a trial, but court proceedings for personal injury are generally subject to a three-year limitation period under the Limitation of Actions Act 1974 (Qld), and the Motor Accident Insurance Act 1994 (Qld) contains rules about how the pre-court steps interact with that limit. For children, MAIC notes that the usual limitation period does not start until they turn 18. Get advice about the court time limit that applies to you well before it could expire.

Practical steps now

• Write down the date of the accident and the date your symptoms first appeared.
• If you have spoken to a lawyer about the claim, note the date of the first meeting.
• Gather the registration number, police reference number, witness details and medical records.
• Read MAIC's pre-claim checklist.
• If you are close to a timeframe, or past one, get advice about the claim form and any explanation for delay.

How Law Lawyers & Associates can help

We assist people injured in motor vehicle accidents in Brisbane and across Queensland, in English, Cantonese, Mandarin and Vietnamese. We can explain which timeframes are likely to apply, help prepare the claim form and deal with the insurer. Every claim depends on its own facts, and we cannot promise any outcome. Learn more about our motor vehicle accident (CTP) claims service.

Official sources

• MAIC: Can I claim? (including timeframes)
• MAIC: What to do after an accident
• MAIC: Pre-claim checklist
• Motor Accident Insurance Act 1994 (Qld)
• Limitation of Actions Act 1974 (Qld)

This article is general information about Queensland law as at the publication date. It is not legal advice. Timeframes and requirements can change and can depend on your circumstances.