Time Limits for CTP Claims in Qld
If you’ve been injured in an accident, it is critical to submit a claim before your Qld CTP claim time limit expires.
This article provides general information about CTP claim time limits and timeframes for resolving these types of claims. However, this article is not legal advice and a claim brought out of time may be barred from proceeding. Always seek legal advice specific to your circumstances.
Time Limits and Timeframes in Qld CTP Claims
There are a number of time limits and timeframes to be aware of in Qld CTP claims. Here is a snapshot of the time limits that apply in these cases:
| Description | Timeframe |
|---|---|
| CTP Claim Time Limit Qld - Notice of Accident Claim Form | 1 month or 9 months |
| Limitation Period - QLD Licensed Insurer or Interstate Insurer | 3 years |
| Limitation Period - Nominal Defendant | 9 months |
| Compliance Response | 14 days |
| Liability Response | 6 months |
| Insurer Assessing Rehabilitation Needs | 10 days |
| Insurer Responding to Rehabilitation Request | 10 days |
| Insurer Responding to Home Modification Request | 3 months |
| Disclosing Reports and Other Documents to Insurer | 1 month |
| Updating Insurer about significant change | 1 month |
| Insurer to Disclose Reports and Other Documents | 1 month |
It is important to obtain independent legal advice about your rights and obligations, to understand when these periods apply and from when the time limits start to run.
What is the Qld CTP Claim Time Limit?
Under the Motor Accident Insurance Act 1994 (Qld) claim must be commenced, by submitting a Notice of Accident Claim Form, within the earlier of:
- Nine (9) months of the date of the accident;
- One (1) month of consulting a lawyer about the possibility of making a claim.
A general limitation period also applies in CTP claims. If the at-fault vehicle was registered, then a general three (3) year limitation period applies.
Because of the strict limitation period applicable to claims involving unregistered vehicles, it is important to do a search to correctly identify the CTP insurer as soon as possible. Failing to do a search to confirm the CTP insurer can result in a claim being brought against the wrong insurer and claims being out of time.
Once engaged to act, personal injury law firms like Denning Insurance Law can perform a search to identify the proper CTP insurer.
What is the Qld CTP Claim Time Limit for a Claim Against the Nominal Defendant?
Submitting a Notice of Accident Claim Form
A CTP claim is started by sending a signed and witnessed Notice of Accident Claim Form to the CTP insurer of the vehicle at-fault.
A Notice of Accident Claim Form is a sworn declaration, so it’s important to ensure that the information you provide is true and correct.
Before sending your Notice of Accident Claim Form to the CTP insurer, it is wise to arrange an appointment with an experienced solicitor. About 80% of injured claimants are legally represented in these claims. Denning Insurance Law offers a FREE 30 minute telephone consultation in all CTP claims. Click here to book an appointment today and understand your rights and obligations from the very start.
Time for CTP Insurer to Respond to Notice of Accident Claim Form
After your Notice of Accident Claim Form is submitted to the CTP insurer, the insurer has 14 days within which to advise of whether the form is “compliant”.
Can I Claim for an Accident after Three (3) Years?
There are limited circumstances in which a claim can be made outside of a limitation period, however, it is essential to obtain legal advice particular to your circumstances as soon as possible. Urgent legal steps may need to be taken to protect your interests.
Qld CTP Claim Time Limit for Minors
If the accident happened when you were under 18, the time for starting a claim begins to run from the date of your 18th birthday.
So, for example, if you were injured in a car accident in 2015 but you turned 18 on 1 July 2024, you should submit a claim to the CTP insurer of the vehicle at-fault within the earlier of:
- Nine (9) months of your 18th birthday (1 April 2025);
- One (1) month of consulting a lawyer about the possibility of making a claim.
The strict limitation periods above will also apply to your claim.
How Long does a CTP Claim Take?
The length of a CTP claim is generally between 12 and 18 months. However, every claim is different and there are a number of factors which can impact the duration of a claim, such as:
- the nature and extent of your injuries;
- the attitude of the insurer towards the claim;
- time taken to obtain information from third parties.
In 2022 to 2023 financial year, licensed CTP insurers reported the average claim duration for CTP claims was under 17 months to settlement.
This table shows the average claim duration by insurer for 2022 to 2023:
| Insurer | Months to finalise |
|---|---|
| Suncorp Insurance | 17.7 |
| Allianz | 17.2 |
| QBE | 15.8 |
| RACQ | 15.9 |
| NRMA | 16.4 |
According to the Motor Accident Insurance Commission’s Annual Report for the 2020-2021 year, 50% of claims against the Nominal Defendant were resolved in under two (2) years.
There are a number of factors which can affect how long a CTP claim lasts including:
- the nature and extent of your injuries;
- the speed of your recovery from your injuries
- the attitudes of both parties in settlement negotiations;
- the time necessarily taken to gather evidence from third parties.
In an initial consultation, we can provide you with our initial views about how long your claim may take to resolve based upon our experience with handling similar cases.
CTP claims against Allianz
The Motor Accident Insurance Commission Annual CTP scheme insights for the 2022 to 2023 financial year reveal that of the five (5) licensed CTP insurers:
- on average, claims against Allianz take longer than those against all other insurers, except Suncorp Insurance;
- over the five (5) years prior, Allianz was the least likely to settle before a Compulsory Conference;
- over the five (5) years prior, Allianz was the most likely to settle after proceedings issued.
Timeframe for CTP Insurer Liability Decisions
Once your claim has started, the CTP insurer has six (6) months to investigate the circumstances of the accident and to make a decision about whether its insured driver was at-fault.
If liability is admitted, the insurer is obliged to fund the reasonable and appropriate rehabilitation that you require for your injuries.
When to Settle a Car Accident Claim
A CTP claim settlement is “once and for all” and so it’s important not to settle your case too early. Your claim should not be settled until:
- All of your injuries are stable and stationary.
- You have been independently assessed by appropriate medical specialists for the purposes of your claim.
- You have obtained independent legal advice about the damages to which you may be entitled.
If you are uncertain about whether the time is right to settle your claim or the value of an offer received from a CTP insurer, it is critical that you seek legal advice from an experienced CTP lawyer.
How Long does it Take to Get Paid After a Settlement?
If you achieve a settlement with a CTP insurer in respect of your injuries, you will sign a Release. The Release will explain the agreed time for the insurer to pay settlement monies.
Both parties will be required to obtain statutory clearances from all bodies that have paid benefits to you, or on your behalf (e.g. Centrelink, WorkCover Qld).
From the time a Release is signed to the time of payout of compensation, is usually around four (4) to eight (8) weeks. However, this is a general guide only and the Release will not require the insurer to pay settlement monies until 21-28 days from when all clearances are received.
Other Time Limits in Qld Car Accident Claims
There are other time limits which may apply to your circumstances, depending on the seriousness of your accident and how it happened.
WorkCover Qld Claim Time Limit
If you were driving to, from or for work, you may be entitled to make a CTP claim and a workers’ compensation claim.
A workers’ compensation claim must be submitted within six (6) months of the date of your accident. If you have not submitted a claim within that time, you should seek legal advice about steps that can be taken to protect your interests.
National Injury Insurance Scheme (Qld) Time Limit
If you suffered a serious personal injury, you may be eligible to apply for benefits through the National Injury Insurance Scheme.
A claims should be submitted to the NIIS within one (1) year after the motor vehicle accident. However, claims made at a later date may be accepted by the NIIS at their discretion.
Time Limits in Qld Car Accident Property Damage Claims
If you are also pursuing a claim against the vehicle at-fault for the damage caused to your vehicle or other belongings, a six (6) year limitation period applies to that claim. That is, a claim must be started within the Court within six (6) years of the date of the accident.
Do I need a Lawyer for a CTP Claim?
Our experience is that CTP claims settled against self-represented individuals settle for significantly less than those claims by individuals who are legally represented. Check out some of our recent case studies to see examples of this.
The Motor Accident Insurance Commission reports that over the years 2013 to 2023, around 80% of people who made CTP claims were represented by a lawyer.
Due to legal issues that can arise in the course of a CTP claim, it is generally advantageous to have an experienced personal injury lawyer represent you throughout the process.
A CTP lawyer can explain your rights and obligations, along the way and ensure that nothing is missed. Also, in many claims a proportion of your legal costs are recoverable from the insurer.
Although online articles like this contain a lot of useful information about CTP claims, there is no substitute for legal advice from an experienced lawyer which is tailored to your individual circumstances. Until you speak to a CTP lawyer – you simply “don’t know, what you don’t know”.
To speak with our Principal, Kate Denning about your motor vehicle accident, call us on (07) 3067 3025. As insurance lawyers, we can also assist with your property damage or income protection claim, if required.
What is a CTP Lawyer?
A CTP lawyer is a lawyer who represents clients in personal injury claims relating to road accidents. These lawyers often have years of experience with handling CTP or general personal injury matters. Finding a CTP lawyer in Brisbane requires research and consultations.
Denning Insurance Law was founded by former in-house CTP insurer, Kate Denning, so we know precisely how best to protect and prosecute your interests. In CTP claims we:
- ensure our clients comply with time limits applicable in CTP claims;
- gather expert and other evidence to maximise the damages our clients can recover, including obtaining statements from family members, tax, medical and employment records;
- prepare a detailed Statement of Loss and Damage setting out our client's claim in full;
- engage in informal settlement negotiations to save costs;
- explain each step of the claim process and provide regular updates;
- fully prepare every claim so that cases which must run to trial have all appropriate evidence gathered.
Why Choose Denning Insurance Law?
If you’re feeling anxious about navigating a personal injury or insurance claim, let Denning Insurance Law ease your worries. As a firm that specialises in compensation and insurance law, our highly experienced team are ready to guide you through every step of the process, ensuring that all aspects of your injury and claim are thoroughly addressed.
Our comprehensive services include personal injury claims (CTP, workers’ compensation, and public liability), income protection and Total and Permanent Disablement insurance claims, property damage insurance claims, National Injury Insurance Claims, and statutory claims for compensation. We understand that the road to recovery can be overwhelming, but with our help, you can rest assured that your rights and interests are protected.
Take a look at our success stories to see just a few examples of how we’ve helped clients like you achieve the compensation and support they deserve. With Denning Insurance Law on your side, you can feel confident and reassured throughout your journey.
