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How Long After a Car Accident Can You File a Claim in Australia?

Car accidents can be life-altering events, leaving you with physical and emotional injuries. If you’ve been hurt in a crash, you may be entitled to compensation to help cover medical bills, lost wages, and other expenses. But time is crucial in Australia – strict limits govern how long you have to file a claim. Missing these deadlines can significantly impact your ability to receive compensation.

In this article, we’ll cover the importance of time limits in car accident claims, the steps to take following a collision, and additional compensation factors that affect the claim.

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Time limitations on car accident claims by state

New South Wales (NSW)

In NSW, you have 28 days from the date of the accident to file your claim. Filing within this time limit allows you to claim back pay for lost wages, starting from the day after the accident.

If you miss this deadline, you can still file a claim within three months. However, you may not be able to receive compensation for loss of earnings from the date of the accident.

Queensland (QLD)

In QLD, the timeframe to lodge your car accident claim depends on the situation. Generally, you have nine months to lodge your claim from the date of your crash or when your injury symptoms first appear. If you involve a solicitor, the claim must be lodged within one month of your first consultation.. If the vehicle that caused the accident cannot be identified, you only have three months to lodge your claims.

Victoria (VIC)

In VIC, you generally have one year from the date of the accident to lodge a claim with the Transport Accident Commission (TAC). This timeframe applies whether or not the symptoms of your injuries were immediately apparent.

However, if there are special circumstances, you can apply for an extension which, if granted, extends the deadline to three years. Note that failing to lodge a claim within these time limits can result in the loss of eligibility for some benefits.

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Motor vehicle accident compensation types

Across Australian states, those who have been injured in a car accident may be entitled to economic and non-economic damages.

Economic damages

Economic damages refer to compensation for the measurable financial losses that an individual incurs as a direct result of the accident. These damages are quantifiable and typically require documentation such as bills, receipts and employment records to substantiate the claim.

This includes, but is not limited to:

  • Medical and rehabilitation expenses: This includes hospital stays, surgeries, medications and any ongoing physical therapy needed for recovery.
  • Loss of income: This compensates for the earnings lost due to temporary or permanent inability to work.
  • Modifications: This covers any home or vehicle modifications that must be made to accommodate new disabilities or limitations.

Non-economic damages

Non-economic damages refer to compensation for losses that are not financial but still significantly impact the victim’s life. These damages are meant to address the intangible consequences of a car accident. Unlike economic damages, which can be directly calculated based on bills and lost wages, non-economic damages are evaluated by the courts or insurance adjusters based on the individual circumstances of each case.

Non-economic damages may include compensation for emotional or psychological effects such as anxiety, depression, and post-traumatic stress. These are common injuries people experience after a car accident.

These types of damages are more subjective than economic damages and are not as easily quantifiable. The assessment typically considers the severity and permanence of the injuries, as well as the impact on the individual’s quality of life.

Threshold and non-threshold injuries

While economic and non-economic damages refer to categories — or types — of injuries, threshold and non-threshold injuries refer to severity.

Threshold injuries are typically less severe and expected to heal within a short period with appropriate treatment. These injuries often involve minor soft tissue damage or psychological conditions like adjustment disorder and acute stress disorder, which usually resolve quickly.

If you have a threshold injury, you may be eligible for personal benefits to help with immediate financial needs and recovery costs.

Non-threshold injuries, on the other hand, are more severe and may involve significant physical damage such as fractures, nerve injuries, or diagnosed psychological conditions like depression or PTSD. These injuries generally require longer recovery periods and more intensive treatment. Those with non-threshold injuries may be eligible for more extensive compensation, including ongoing medical expenses and long-term income support — especially if they can prove ongoing incapacity to earn.

If you have a more severe, non-threshold injury, you may be eligible for common law damages to receive a lump sum payment for both economic and non-economic losses.

Understanding personal benefits vs common law damages

Car accident claims in Australia involve two main types of compensation: personal benefits and common law damages. Here are the key differences:

  • Personal benefits: These are payments designed to cover immediate needs and short-term recovery costs following a car accident. They are available to anyone injured, regardless of who caused the accident. In NSW, for example, those with threshold injuries (less severe) can receive personal benefits like weekly income support, medical expense coverage, and assistance with daily tasks for up to 52 weeks.
  • Common law damages: Common law damages claims differ from personal benefits claims in that they provide a lump sum payment for the long-term impacts of a car accident. It’s typically pursued by those who weren’t entirely at fault and have sustained more serious injuries. To qualify, you’ll need to prove a significant, permanent impairment exceeding a specific threshold. For example, this is 10% Personal Impairment (PI) or more in NSW. Common law damages can cover both economic losses (lost wages) and non-economic losses (pain and suffering).

State-specific compensation methodologies

Compensation rules and distribution vary across Australian states. To maximise your potential claim, personalised legal advice from a personal injury lawyer familiar with your state’s laws is crucial. They can navigate the specific nuances and ensure you receive fair compensation for your injuries. When it comes to how compensation is determined and distributed, there are state-specific nuances to be aware of.

Since case accident compensation varies by state in Australia, let’s look at the specifics.

New South Wales

  • In NSW, economic damages under the Compulsory Third Party (CTP) scheme can cover up to 52 weeks of medical expenses, care and partial pre-accident earnings.
  • For severe injuries, economic support can extend beyond 52 weeks if the injured person is not at fault.
  • Non-economic damages are available if the injuries meet the threshold of being ‘non-minor’ and the claimant was not at fault. The calculation of these damages considers the severity of the injury and its long-term effects on the individual’s life.

Queensland

  • In Queensland, general damages for pain and suffering are assessed using the Injury Scale Value (ISV) system under the Civil Liability Act 2003. The ISV assigns a numerical value to injuries, helping standardise compensation levels across similar cases.

Victoria

  • In Victoria, the Transport Accident Commission (TAC) manages motor vehicle claims under a no-fault scheme. This means compensation can be sought regardless of who caused the accident.
  • TAC provides benefits that include medical and rehabilitation costs, income assistance during incapacity and lump sum payments for significant permanent impairment.
  • However, to access non-economic loss compensation, an injured person must first meet specific medical criteria indicating a serious, long-term impairment.
  • Furthermore, the TAC system also covers additional support like psychological counselling and family support where necessary.

Funeral expenses

In NSW, if you are the “legal personal representative” of someone who has died in a car accident, usually meaning the next of kin, you can put in a claim for funeral expenses.

This type of claim must be made within three months of the accident. Sometimes, extensions are granted for this period, but you will be asked to explain why the claim was not lodged within three months.

The timing of the claim is not based on when the funeral takes place: you can claim either before or after.

The funeral expenses that are eligible for compensation include the:

  • Cost of the ceremony, Cremation or burial
  • Funeral Director’s fee
  • Coffin
  • Cost of the hearse
  • Site in the cemetery
  • Flowers
  • Death certificate
  • Notice in the paper.

 

To make your claim, you must have invoices or receipts for any payments you have made and a copy of the death certificate. You will also need the event number assigned to the accident by the police (or equivalent proof that the incident occurred).

Compensation for a relative following a fatality

Funeral expenses are not the only costs that may be covered following a fatal collision.

If a relative whom you depended on for financial or service support has died in a car accident, you can apply for benefits.

In NSW, you have three years from the time of the car accident to make this kind of claim. While there are occasionally exceptions made for claims outside of this window, you will have to explain why you were delayed.

While SIRA admits that the definition of “dependent” can vary, this type of claim is typically made by spouses or other domestic partners of the deceased or children who have lost a parent.

When you file the claim form, you should include evidence of the accident and your relationship with the person. The insurer will then investigate and either accept the claim, request more information or deny it. In the case of denial, there is a review process, starting internally at the insurer and then involving the government.

Steps to take following a collision: The legal process

Here our car accident injury lawyer, Rita Furfaro, covers what you can expect the motor vehicle accident claim process to look like.

Note, that there will be state-specific differences, so we recommend that you speak with a local personal injury lawyer for personalised advice.

  1. Report the accident to the police within 28 days.

  2. File a personal injury claim form (PICF) within 3 months.

  3. Insurer’s liability determination within 9 months: The insurer will assess liability and make a determination within nine months of receiving your PICF.

  4. Submit documents within 12 months of the insurer’s instructions: Provide the following documents within 12 months of receiving instructions from the insurer:
    • Tax returns
    • Treating doctors’ reports
    • Clinical notes
    • Payslips
    • Letters from employers

  5. Arrange medico-legal examinations within 12 months of the accident.

  6. Draft statements of evidence within 14 months of the insurer’s instructions.

  7. If relevant, apply for common law damages within 15 months of the insurer’s instructions.

  8. Assess impairment with the PIC around 15 months from the accident: If there’s a dispute with the insurer, your legal team will apply to the Personal Injury Commission (PIC) to assess if your impairment exceeds 10%.

  9. Arrange an informal settlement conference within 17-20 months: Organise an Informal Settlement Conference within 17-20 months after the accident, once the PIC dispute is resolved or if there is no dispute regarding impairment.

  10. Submit a PIC application for general assessment within 19-22 months of the accident.

  11. Appeal within 28 days of PIC assessment hearing: If the PIC assessment hearing’s award is unsatisfactory, lodge an appeal to the District or Supreme Court within 28 days.

 

Important: The statute of limitations for a personal injury claim is three years from the date of the accident. You must file your claim in court by the last day of this period to preserve your right to have your case heard. Filing your claim earlier increases the chances of a favourable outcome. While claims filed after this period may still result in compensation, prompt action is recommended.

Why should you have an expert car accident lawyer on your side?

Rita explains, “although the laws around car accident injury compensation claims are designed to be relatively straightforward, insurance companies can contest your claim, especially for long-term injuries. Proving the severity of your injuries and the appropriate compensation amount can be complex and it’s important to have an experienced lawyer on your side”.

When your claim goes to court, having a lawyer on your side is critical. They can:

  • Fight for the compensation you deserve: A lawyer can advocate for your rights and negotiate effectively with the insurer.
  • Navigate complex legal issues: They’ll guide you through the legal process and ensure your claim is filed correctly.
  • Gather evidence to support your case: A lawyer can build a strong case that proves the extent of your injuries and their impact on your life.

By seeking legal counsel, you’ll increase your chances of a successful outcome in the event your claim is contested.

With an in-depth knowledge of every aspect of the accident compensation claim process, the experts at GMP Law are positioned to help you receive the compensation you’re entitled to following an accident.

To start the process or simply to receive free preliminary advice, call us on 1800 004 878 or email your enquiry today.

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Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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