The dates that decide a claim.

Motor vehicle accidents (CTP)

Claims against the CTP insurer of the vehicle at fault, for drivers, passengers, riders and pedestrians.

9 months

from the accident, or from when symptoms first appeared, to serve the Notice of Accident Claim on the insurer

1 month

from your first consultation with a lawyer about the claim, if that comes sooner

3 years

from the accident to start court proceedings

• The nine-month and one-month periods run together and the earlier one applies. A late notice needs a reasonable excuse, and the longer the delay the harder that is.
• The accident must be reported to the police. If it has not been, that is the first step.
• If the claim does not settle at the compulsory conference, proceedings must be started within 60 days of it.

Full page: Motor Vehicle Accident Claims →

Hit-and-run, stolen and uninsured vehicles (Nominal Defendant)

Where the vehicle at fault cannot be identified, or was unregistered or uninsured, the claim is made against the Nominal Defendant instead of an insurer.

3 months

from the accident to give notice for an unidentified vehicle

9 months

after which a claim against the Nominal Defendant for an unidentified vehicle cannot be accepted at all

3 years

from the accident to start court proceedings

• This is the shortest deadline on the page and it is absolute. Do not wait for the police to find the driver.

Full page: Motor Vehicle Accident Claims →

Workers' compensation: the statutory claim

The no-fault WorkCover claim for weekly payments, treatment and a lump sum for permanent impairment.

6 months

from the injury, or from when you first saw a doctor about it, to lodge the application with WorkCover

20 business days

for WorkCover to decide the claim once lodged

3 months

from a decision you disagree with to ask the Workers' Compensation Regulator for a review

• WorkCover can accept a late application where there is a reasonable cause, such as a delayed diagnosis, but do not rely on it.
• If you disagree with your permanent impairment percentage, you have 20 business days to ask for a fresh assessment.
• The Notice of Assessment and lump sum offer come with their own limited time to decide. If your impairment is under 20 per cent, the decision is final: accept the lump sum or claim damages, not both.

Full page: Workers' Compensation →

Workers' compensation: the damages claim

The separate claim against a negligent employer, usually worth far more than the statutory benefits.

3 years

from the injury to start court proceedings

6 months

for WorkCover to respond on liability after the Notice of Claim for Damages is served

60 days

after the compulsory conference to start proceedings if the claim does not settle

• The three years runs from the injury, not from the end of the statutory claim, and the statutory claim can take a year or more. This is the deadline that most often catches people out. Where the limitation is close, an urgent Notice of Claim can protect it.

Full page: Workers' Compensation →

Public liability

Injuries in shopping centres, venues, rental properties, footpaths, parks and other people's premises.

9 months

from the incident, or from when symptoms first appeared, to serve the Notice of Claim on the responsible party

1 month

from when you first instruct a lawyer to act on the claim and the responsible party is identified, if that comes sooner

3 years

from the incident to start court proceedings

• Where the responsible party is not yet known, the one-month period runs from when they are identified.
• The insurer must respond within a month of the notice and say within six months whether it accepts liability. Proceedings must be started within 60 days of a failed compulsory conference.
• Evidence in these claims disappears fastest of all: CCTV is often overwritten within weeks.

Full page: Public Liability →

TPD, income protection and superannuation

Insurance claims through your super fund or a policy you hold, which follow the policy and the fund's rules rather than the injury legislation.

None fixed

for lodging a claim; people commonly claim years after stopping work

Policy terms

set the time to respond to a decline and to seek internal review

AFCA rules

set the time to complain after an internal review, and they are strict

• Cover can lapse when contributions stop, so the sooner a claim is lodged the more policies are likely to respond.
• Court proceedings against a fund or insurer carry their own limitation periods.

Full page: TPD, Income Protection & Super Claims →

Rules that apply across all of them

Children

For a child, the three-year court limit runs from their 18th birthday, but the notice deadlines still apply and a parent or guardian can give notice on their behalf.

Symptoms that appear later

Several notice periods run from when symptoms first appeared rather than from the accident. If you were hurt some time ago and only now have symptoms, see a doctor, tell them the history, and get advice.

Late notices

Most late notices can be given with a reasonable excuse for the delay, and insurers accept many of them. But every month makes the excuse harder, and a few deadlines, such as the Nominal Defendant's nine months, cannot be extended at all.

The three years

Once the limitation period has passed, a court claim is generally lost for good. Extensions exist but are rare and difficult.