I had a car accident last year when a driver ran a red light and hit my car. I injured my neck and have pinched a nerve in my shoulder. I have been told that I should have made a claim against the driver, but I was too focused on getting better at the time to think about anything else. Am I too late?

The time frames for lodging a CTP claim is, in a nutshell:-

1. Was the accident more than 3 years ago?

If yes – seek legal advice immediately, extremely limited possibility of making a claim.

If no – see question 2

 

2. Can you identify the other vehicle?

If yes – go to 3

If no – go to 4

 

3. Are you outside of 9 months post date of accident?

If yes – you must provide a reasonable excuse for delay.  A lawyer can assist with this.

If no – then you are within time to lodge a Notice of Accident Claim Form (available from the MAIC website).

 

4. Are you outside of 3 months post date of accident?

If yes – seek legal advice immediately, extremely limited possibility of making a claim.

If no – then you must lodge the Notice of Accident Claim Form immediately and take steps to identify the vehicle (as far as practicable).  A lawyer’s assistance is strongly recommended.

Although it is technically possible to lodge a Claim after 9 months, provided you know the identity of the vehicle/driver, an insurer may still dispute the excuse given for delay, so early action is always advised in order to protect your interests.

Brisbane Accident Lawyers

For more information on this and to talk with one of our Brisbane Accident Lawyers, call us on 07 3252 0011 or send us an email via our general enquiries page.

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