Car Accident Time
Time Limits For Making A Car Accident Compensation Claim In Australia
If you or a loved one have been involved in a car accident and wish to seek compensation, it is important that you follow all time rules and procedures as closely as possible.
Car accidents affect a number of people every year. When you are involved in a serious accident, it is important that you consider what you need for a claim as soon as possible. There are a number of time limits surrounding this sort of claim, so you don’t want to waste time in making the claim. It’s important that you talk to your lawyer as soon as possible as they will guide you through this difficult process, assuring the best possible result. Don’t lose out due to time restraints, talk to a lawyer today and get your claim underway. Compensation claims can have lasting benefits into the future as you recover from your injuries.
Who Pays For My Car Accident Compensation Claim?
All car owners in Australia are required to have compulsory third party insurance (CTP). This means that if you are in an accident you are covered by your insurance. The claim is made against the insurer of the negligent driver in that situation. If you were the negligent driver but have also been injured, you can claim against your own insurer for medical payments and other bills you may have to pay. Whether you are the driver, passenger or a pedestrian, you can make a claim through the negligent parties CTP insurer.
What Are The Time limits When Making A Motor Vehicle Accident Claim?
There are time limits for making any type of vehicle accident claim, so it’s important that you talk to a lawyer as soon as possible so they can help you submit your claim with the CTP insurer. Making the claim as soon as possible can only help it, making the process easier than it can be if you are late with documents.
Time Limits are affected by the type claim you are making and as every case is different it’s important to talk to a lawyer as soon as possible.
Accident Notification Claim
This type of claim is lodged with the compulsory third party insurer of the driver who was negligent and caused the accident within 28 days. This type of claim will see you receiving up to $5000 in compensation for any costs accrued after the accident for up to six months after it occurred.
Personal Injury Claim
Also lodged with the CTP Insurer, this claim is for people whose injuries cost over $5000 or have a recovery time exceeding six months. Personal injury claims can be lodged up to six months after the date of the accident and are for people who have been seriously injured as the result of someone else’s negligence.
Fatal Motor Vehicle Accident Claims
If you have lost a loved one as the result of a motor vehicle accident you are entitled to compensation. The time limits to make a claim are within six months of the accident or date of death. While it can be hard, it’s important to talk to someone as soon as possible to get your compensation claim underway.
Nominal Defendant Claims
There are circumstances where you may not be able to identify the perpetrator, but you are still able to make a claim. This could be due to something such as a hit and run or someone crashing into your car while it’s parked. In this case, you should file a claim under the NSW Nominal Defendant Scheme which should be made within six months of the accident.
Making A Claim After The Time Limits
If you were unable to make a claim in time there is still a possibility of a claim being made and an extension granted by the courts. This requires special circumstances which can arise after a serious injury or accident. The courts will consider a number of things when looking at your extension. They include; the length of the delay in submitting the claim; the reason that there was a delay; and the injury caused by the accident. It is at the courts full discretion whether you are awarded an extension and you should not rely on obtaining an extension as they are not often offered. It is always best to make the claim within the time limits.
Other Time Limits For A Motor Accident Compensation Claim
There are other time limits applied to a motor accident compensation claim. It’s important to obtain these details in order to make a successful claim.
Police Event Number – If you are involved in an accident, you should report it to police as soon as possible. This needs to be done within 28 days of the accident or you can be penalised in your claim. Once you have submitted a report you should ensure you receive an event number for the accident. Failure to do this will mean you need to need to justify the reason you were unable to submit a report when making the claim.
Medical Records – If you have sustained an injury due to a motor vehicle accident, you should make sure you are assessed by a medical practitioner as soon as possible after the accident has occurred. In order to claim back costs, you will need evidence of medical records and receipts. You should always be assessed by a doctor after an accident as some injuries my not be visible to you or could take time to appear.
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