People search this question after the accident, not before, usually because something has changed: the pain has not gone, work has become hard, or an insurer has gone quiet. The answer has three parts, and the shortest one is the one that matters.

Key points

  • Notice of Accident Claim: within nine months of the accident (or first symptoms), or within one month of first consulting a lawyer, whichever is earlier.
  • Hit-and-run: notice within three months; barred absolutely after nine.
  • Court proceedings: within three years of the accident, or of the 18th birthday for a child.

The notice deadline

The Motor Accident Insurance Act requires a Notice of Accident Claim to be given to the CTP insurer within nine months after the accident, or, if symptoms were not immediately apparent, within nine months after they first appeared. Separately, once you consult a lawyer about the claim, the notice must be given within one month of that first consultation. The two run together and the earlier applies. Seeing a lawyer eight months after the crash gives you one month, not nine.

Late notice

A notice given after the deadline is not automatically fatal. The Act allows a late notice if it includes a reasonable excuse for the delay, and the insurer must say whether it accepts the excuse. Insurers accept many, particularly where symptoms developed late or the claimant was hospitalised, but every month of delay makes the excuse harder and gives the insurer a point to argue. If the deadline has passed, the right response is to serve the notice now with the explanation, not to wait for a better moment.

The hit-and-run deadline

Where the vehicle at fault cannot be identified, notice to the Nominal Defendant must be given within three months, and a notice given later than nine months after the accident cannot be accepted at all. This deadline has no exception.

The court deadline

Proceedings must be started within three years of the accident under the Limitation of Actions Act. For a child, the three years runs from their 18th birthday. The pre-court process, notice, liability response, compulsory conference, has to be completed inside the three years, and if the conference fails, proceedings must be started within 60 days of it. Extensions of the limitation period exist but are rare and hard to obtain.

Symptoms that appeared later

The "first appearance of symptoms" rule matters for whiplash, back injuries and psychological conditions, which commonly show themselves days or weeks after the crash. The date the symptoms appeared, and the date you first saw a doctor about them, need to be documented, because the insurer will ask.

If you are close to a deadline

Call today. A Notice of Accident Claim can be prepared and served within days when it has to be, and a free first consultation will tell you which deadline you are up against.

Frequently asked questions

Can I make a car accident claim after 9 months in Queensland? Usually yes, if the notice includes a reasonable excuse for the delay, and always subject to the three-year court limit. Serve it as soon as possible; do not wait for a better explanation.

Can I claim for a car accident after 2 years? Yes, if the three-year limitation period has not passed, though a late notice will need an explanation and the pre-court steps must be completed in the time remaining.

How long do I have to sue after a car accident in Queensland? Three years from the accident, with the notice and conference steps completed first.

Sources

  • Motor Accident Insurance Act 1994 (Qld), ss 37 (notice of claim; time limits; late notice with reasonable excuse), 51D (proceedings within 60 days of conference), 57 (limitation) — legislation.qld.gov.au
  • Limitation of Actions Act 1974 (Qld), ss 11, 29, 31 (extension) — legislation.qld.gov.au
  • Motor Accident Insurance Commission, Can I claim? (time limits) — maic.qld.gov.au