The Ultimate Guide to Queensland CTP Claim Time Limits

The Ultimate Guide to Queensland CTP Claim Time Limits

Published on 8 November 2023
Last updated on 17 November 2023

1. Introduction

In the aftermath of an accident, time is of the essence when it comes to submitting a claim. Missing the deadline could jeopardize your chances of receiving the compensation you deserve.

In this article, we present the ultimate guide to Queensland CTP claim time limits. Gain crucial insights into the specific timeframes, exceptions, and legal steps involved in initiating a claim. Learn why timely action is essential and how expert advice from Ascent Lawyers can help protect your rights and maximize your compensation.

The Ultimate Guide to Queensland CTP Claim Time Limits

2. What are the time limits for making a CTP claim?

To ensure the validity of your claim, it is crucial to initiate the process by lodging a Notice of accident claim to the correct CTP insurer within the following timeframes:

2.1 Nine (9) months from the date of the accident

You must take action and begin your claim within nine months of the accident. Delaying the process can jeopardize your right to pursue a claim.

2.2 One (1) month from consulting a lawyer

If you consult a lawyer regarding a potential claim, it is essential to initiate the claim within one month of the consultation. Seeking legal advice early on can help you understand your rights and navigate the complex claims process effectively.

Additionally, there is another general rule that applies:

General three (3) year limitation period: You generally have three years from the date of the accident to initiate your claim. However, it is important to take prompt action and not delay the process.

It is crucial to note that for claims involving unregistered / unidentified vehicles, timely identification of the CTP insurer is of utmost importance. Failing to identify the correct CTP insurer promptly can lead to claims being brought against the wrong insurer and being rendered out of time. Ascent Lawyers can assist you in conducting thorough searches to identify the correct CTP insurer once you engage our services.

3. Time Limit for Claims Against the Nominal Defendant

If the vehicle at-fault is unregistered or cannot be identified, a strict three (3) months limitation period applies.

However, a claim may still be given to the Nominal Defendant within nine (9) months provided it is accompanied by an explanation for the delay. If a notice is not given to the Nominal Defendant within nine (9) months, the claim against the Nominal Defendant will be statute barred.

If you have any doubts about the registration status of the vehicle or are unable to identify it, seek legal advice as a matter of priority to protect your rights.

4. Can I make a CTP claim after three (3) years?

In certain limited circumstances, you may still be eligible to make a claim. If the accident happened when you were younger than 18 or living with disability, you can still lodge a compensation claim.

It is crucial to obtain legal advice promptly to assess the options available to you. Taking urgent legal steps may be necessary to safeguard your interests.

5. How long is a CTP Claim?

The duration of a CTP claim can vary, typically around 15 months. Numerous factors influence the timeline, including:

  • The nature and extent of your injuries.
  • The insurer’s approach to the claim.
  • The time required to gather information from third parties.

6. How long does it take to get paid after settlement?

Once you have signed the release to settle your claim with the CTP insurance company, there are still some procedures left to complete beforehand.

You must provide statutory clearance before payment if you have received benefits from Medicare, Centrelink or WorkCover for your injuries.

Generally, the delay of your compensation payout is between four (4) and eight (8) weeks from signing the release.

7. The Value of Ascent Lawyers in your CTP Claim

Our experience at Ascent Lawyers has shown that CTP claims settled with legal representation yield significantly better outcomes than claims by self-represented individuals. Having an experienced personal injury lawyer by your side is advantageous, as they can explain your rights, obligations, and ensure no crucial details are overlooked. Furthermore, in many cases, a portion of your legal costs may be recoverable from the insurer. While online articles provide useful information, nothing beats personalized legal advice tailored to your specific circumstances. Until you speak to a CTP lawyer, there may be vital information you’re unaware of.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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