When it comes to determining how long after a car accident you can claim an injury, there are several strict time limits in Queensland. For personal injuries sustained in a car accident, you typically have nine months from the date of your injury to notify the person you are claiming against. There are also some other key time limits to keep in mind which we’ll cover in this article.
Put your health first
If you’ve been injured in a car accident, it can feel overwhelming and you may be in shock. The most important thing is to put your health first and seek treatment. This is not only key for your own wellbeing—medical certificates can also be used as evidence in your claim.Once you have received medical attention, you will need to consider your car accident injury claim options.
Get professional advice
As there are multiple time limits to be aware of and these are strict, it’s best to speak to a lawyer as soon as practicable so that you protect your entitlements. This will also give you clarity so that you know the best path forward and steps you need to take. In addition, it’s an opportunity to ask any questions you have. We provide a free case review to help you determine if you’re eligible for car accident injury compensation and understand what your options are.
When do you need to notify the other party?
The time limit to notify the person you are claiming against is nine months from the date of the injury or one month from instructing a lawyer. You will need to abide by the time limits of whichever of these events comes first.
How long does a compensation claim take for injuries?
Every case is different and so is the time it takes to complete the compensation claim. While we are unable to give you an estimate without learning more about your case, we can give you an overview of the general steps that are involved and a few timelines involved.
First, we’ll determine if your claim has a good chance of being successful. To do this, we conduct investigations into the circumstances of the injury. We then lodge forms with the relevant insurer including the Notice of Accident Claim Form. Lodging a second form (Additional Information Form) with the insurer may be necessary to provide more information into the accident and your injury.
Once the insurer responds confirming the form complies with the Motor Accident Insurance Act 1994, we are required by law to wait six months before they provide their liability response. During this period we will gather evidence, arrange medical examinations, speak to witnesses and carry out an assessment of damages, to formulate an offer of settlement for submission to the insurer.
Following this, we will seek to negotiate with the insurance company and during this stage cases are often settled without court action. If a court process is required, we expect this to take no longer than 18 months to 2 years.
What if my case is delayed?
As this is a difficult time, we do everything we can to make injury claims as seamless and efficient as possible. Due to the complexity of some cases, there may be unavoidable delays such as:
- Sitting on a court waiting list
- We have to take the matter to the court prior to trial to force the other party to meet time limits
- We are waiting for your injuries to stabilise, to then attend a doctor’s appointment or obtain a doctor’s report for assessment of your injuries
- Your injuries need to stabilise before being assessed
- The insurer will also want you to be independently examined
We understand that you want to move on as quickly as possible and our lawyers keep you informed during your compensation claim process.
Why submit a car accident injury claim through a lawyer?
Claiming the compensation you’re entitled to from a car accident injury is often not straightforward. If you don’t know the ins and outs of the system, you can end up being paid far less than you should be.
At Gouldson Legal, our lawyers have successfully helped tens of thousands of clients over 25 years. We are experienced in establishing fault, determining your maximum compensation and making sure you receive this. We handle all the paperwork so you can focus on recovering, as well as coming to you if it is more convenient than travelling to one of our offices.
If you would like to discuss your claim, feel free to contact us on 07 3152 4011 or fill out the form below for a free case review.