The first thought after a car accident isn’t always about your compensation claim, even if you have been injured.
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But as time passes, and you cannot work or are left with medical bills to pay, your attention can turn to compensation claims.
You have a deadline for submitting car accident injury claims in Queensland, which is between 9 months and 3 years from the accident, depending on how you lodge your claim.
Let us walk you through this today so you know how much time you have to make your car accident claim.
Time limit for car accident injury claims in Queensland
In Queensland, there are two types of claims that you can make.
You can claim with the Motor Accident Insurance Commission (MAIC) for a Compulsory Third Party or start legal proceedings for a compensation claim with a lawyer.
Both involve you providing details about the accident and your injury before determining whether your claim will be awarded.
We have included both types of claims you can make and the time limit for them below:
Notice of accident claim
You must submit an initial notice of accident claim form to the Compulsory Third Party within nine months from the accident date, or nine months from when your symptoms from the injury occurred.
If you miss the nine-month deadline, you might lose your right to make a claim, so you must note the accident date and deadline.
You can get an extension for this deadline, but you will need a reasonable excuse for the delay, such as your injury preventing you from making the claim.
Extensions are granted on a case-by-case basis, and you will want to seek legal advice before applying for an extension.
A lawyer can help determine if an extension will be granted and help you to file for one.
Sometimes, the deadline for submitting your notice of accident claim will be shorter, like when the other driver is unknown.
This typically happens during hit-and-run accidents, but you will have three months to submit your claim.
You must gather your information and make your claim quickly to avoid missing the deadline.
The deadline for this claim is even shorter if you have legal representation, and you must submit your claim within a month of your initial consultation with your lawyer.
Ensure you have the resources to meet the tight deadline before seeking legal advice or assistance.
Common law compensation claim
When you make a common law compensation claim with a lawyer, you will have three years from the accident date to submit your claim.
If the accident happened when you were underage, then the three-year time limit does not start until you are 18 years old.
There are a few exceptions, too, where you can extend the deadline and have longer to submit your claim.
These extensions are granted on a case-by-case basis, and we recommend seeking legal advice to help you file your claim.
Claiming compensation for a car accident
Now that you know when you must submit your claim, let’s look at how you claim for a car accident injury.
The claim process usually follows the same six steps, but there can be some differences depending on the nature of your claim.
Before you begin with your claim, your lawyer will walk you through the process and answer any questions relating to your claim.
You can expect your car accident compensation claim to follow the six steps below:
- Find a lawyer who can help you with your case. Provide them with as much information as possible so that they can help you.
- Next, file a notice of accident claim form, ensuring that it is submitted before the deadline.
- Your lawyer will establish liability and engage in fact-finding to find out who is responsible for the accident.
- Negotiations begin with the insurance company of both parties to get fair compensation.
- Mediation will continue to find a settlement with the other party’s insurance. If a fair settlement is not achieved, you can move the claim to court, where your lawyer will present your case.
- Providing your claim is successful, you will receive a tax-free lump sum settlement as compensation for your accident.
Find your car accident lawyer in Queensland today
A car accident lawyer will ensure you don’t miss any deadlines when applying for your claim and will work to get you the compensation you deserve.
Working with lawyers like Smith’s Lawyers allows you to reap the benefits of their expertise and ensure you get the desired result.
Their no-win, no-fee services allow you to make your claim worry-free!
Engage Smith’s Lawyers to help when claiming compensation for a workplace injury in Queensland.
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