Time limits for CTP insurance claims in Queensland are strict and unforgiving. Miss one, and you risk losing your right to compensation altogether. It’s like showing up after a match: no matter how prepared you are, the game’s over and the result stands. While there are a few exceptions to the rules, they’re limited and rarely guaranteed.
This guide breaks down Queensland’s key CTP claim deadlines, the legal rules behind them, and what steps you need to take to stay in the game.
Why time limits matter
In Queensland, if you’re injured in a car accident, you might be eligible to make a claim through the Compulsory Third Party (CTP) insurance system. But the Motor Accident Insurance Act 1994 (Qld) set specific time limits for lodging and progressing these claims. Once the clock starts, it doesn’t stop, and the consequences for missing a deadline can be serious.
Some injuries are obvious right away, while others may only become noticeable over time. Either way, the law won’t wait. Acting early is the only way to protect your claim.
Our Car Accident Lawyers are your front-row defence, making sure no deadline or requirement gets past. Don’t risk missing out.
Book your free initial consultation today. Wherever you are in Queensland, we’ve got you.
The nine-month rule: Your main deadline
In most cases, you must lodge your Notice of Accident Claim Form (NOAC) with the CTP insurer within 9 months of the motor vehicle accident. If you miss this deadline without a reasonable excuse, your claim may be rejected.
The one-month legal consultation rule
There’s another lesser-known deadline that can catch people off guard. If you consult a lawyer about your CTP claim, you must lodge your NOAC within one month of that consultation.
This rule applies even if you’re still well within the nine-month timeframe. Its purpose is to avoid unnecessary delays once legal advice has been sought.
So, if you speak to a personal injury lawyer on August 1st, your claim must be lodged by September 1st, regardless of how much time you have left under the nine-month rule.
The three-month rule: Nominal defendant claims
Different rules apply if the at-fault vehicle was unregistered or the driver cannot be identified (such as in hit-and-run incidents). In these cases, your claim must be lodged within three months of the accident with the Nominal Defendant.
These claims are more complex and the time limit is shorter, which can make things difficult. Victims often spend time trying to track down the responsible party, only to discover that too much time has passed.
If you think the vehicle might be unregistered or the driver is unknown, it’s important to act immediately. Get legal advice and consider lodging a claim with the Nominal Defendant to preserve your rights.
There is an exception that allows you to lodge up to nine months from the date of the accident if you provide a reasonable excuse for the delay, but the shorter three-month window is your safest bet.
The three-year general limitation period
If your claim doesn’t resolve through negotiation, you have three years to start legal proceedings. This means that even if you’ve lodged your claim on time, you must commence court proceedings within three years of the date of the accident, or risk losing the right to compensation altogether.
While most CTP claims settle before reaching court, this three-year rule still acts as the ultimate deadline.
Special considerations
If someone was under 18 or had a mental illness or intellectual disability when a car accident happened, they may get extra time to make a CTP claim.
In these cases, the three-year time limit usually doesn’t start until the person turns 18 or the disability ends. This means they may have up to three more years to start a claim.
However, the person must have been under 18 or affected by the disability on the day of the accident. If the disability develops later, the extra time doesn’t apply.
These rules are designed to protect people who aren’t able to deal with legal matters at the time. But once they turn 18 or regain capacity, the clock starts, and they need to act within the usual timeframes.
How to protect your rights early
- Document everything: Photos of the scene, details of the vehicles involved, names of witnesses, and the police report number can all help support your claim.
- Get medical attention: Even if you feel okay, injuries can take time to appear. Early medical reports are essential.
- Identify the CTP insurer: The Motor Accident Insurance Commission (MAIC) provides a search tool to find out who insures the at-fault vehicle. If you can’t identify the vehicle, act quickly to consider a Nominal Defendant claim.
- Seek legal advice without delay: Consulting a solicitor can trigger certain statutory deadlines. That clock starts ticking fast. As former insurance lawyers, we know how fast the clock can work against you. Now that we’re on your side, we’ll make sure you miss no deadlines, so your path to compensation stays on track.
Common pitfalls that derail claims
Many Queenslanders miss out on compensation because of small, avoidable mistakes. Here are some of the most common:
- Waiting too long to lodge the claim: You don’t have to wait until you’ve recovered or know the full extent of your injuries.
- Assuming informal talks with insurers are enough: Only a formally lodged claim protects your legal rights. A phone call won’t do it.
- Relying on someone else to handle your claim: If you’re a passenger, pedestrian, or cyclist, you must lodge your own claim. Don’t assume the driver or someone else will do it for you.
- Going solo: Many think they can handle a CTP claim themselves. But without a lawyer, you risk delays or underpayment. At accident legal, we know the system and how to get you the best result.
What happens after lodgement?
Once your NOAC Form is lodged, the insurer has 14 days to let you know whether it complies with legal requirements.
If the form is incomplete or incorrect, they must notify you and allow you time to fix it. However, this doesn’t pause or extend the original limitation period—so get it right the first time if you can.
Commonly asked questions about time limits for CTP insurance claims
What if I miss the deadline?
Missing the deadline may result in your claim being “statute barred,” meaning you lose the right to claim. In very rare cases involving fraud or exceptional hardship, courts may allow an extension, but it’s far from guaranteed.
Can I still lodge a claim if I wasn’t the driver?
Yes. All injured people—drivers, passengers, pedestrians, and cyclists—must lodge their own claims within the set timeframes.
How do I calculate my deadline if symptoms showed up late?
If symptoms appeared later, your time limit starts from when a reasonable person would have connected the symptoms to the accident. It can be tricky to pinpoint—get legal advice to be safe.
Don’t leave it too late
Time limits for CTP claims aren’t flexible, and they won’t wait. From the nine-month general rule to the strict three-month Nominal Defendant window and the one-month legal consultation trigger, each deadline is legally enforceable.
If you think you might have a claim, it’s critical to act fast and get reliable advice. Even a short delay can make the difference between a successful claim and being locked out of the system.
In a nutshell, here are the time limits when making a CTP claim in Queensland:
We’re on your side
We’re a local team with deep knowledge of Queensland’s CTP laws. Our Personal Injury Lawyers Queensland have worked on both sides of the fence; many of us represented insurers before switching teams to fight for injured people.
That insider knowledge means we understand how insurers operate, and how to hold them to account. We:
- Answer your calls 24/7 (no voicemail, just real lawyers)
- Coordinate directly with your medical providers for early treatment funding
- Tailor a strategy to your specific needs and situation
- Come to you, whether you’re at home, in the hospital, or on a video call
We operate on a strict No win no fee basis. We also cover all upfront costs through our No disbursement loan promise with zero interest until your claim is resolved.
We’re Queenslanders helping Queenslanders. Get in touch with us today.
