Can I lose the right to compensation within months of an accident?

Is it true that in some cases, you can lose your right to claim compensation within months of your motor vehicle accident?

Unfortunately, yes, this is true in some cases.

These very strict time limits apply when you cannot identify the other vehicle that caused the motor vehicle accident.

Pursuant to the Motor Accident Insurance Act 1994, if you are unable to identify the vehicle at fault for the accident, your claim is then made against the Nominal Defendant who steps in to act as the CTP insurer of the unidentified vehicle.

We’ve answered more questions below on this subject but you’re welcome to call, chat or email us. There is no cost or obligation to assess your claim.

Can I get motor vehicle injury compensation?

What is the nominal defendant?

The Nominal Defendant is a Government body that has been set up specifically for this purpose – to investigate and compensate claims by accident victims where the vehicle or driver at fault cannot be identified.

If you cannot identify the vehicle at fault, then you must serve a Notice of Accident Claim form on the Nominal Defendant within 3 months of your accident.

If you do not deliver your Notice of Accident Claim form within the 3 month period post-accident, then you must give a good reason why this was not done.

If the reason is not considered to be sufficient by a Court, then you will not be able to proceed with your claim.

Notice of accident claim form

Further, your Notice of Accident Claim form delivered to the Nominal Defendant, must be considered compliant with what is required to be provided under the Motor Accident Insurance Act 1994, within 9 months of the accident occurring.

And, if you have not provided a compliant Notice of Accident Claim form to the Nominal Defendant within this 9 month period, then you will lose all rights to claim for your accident injuries altogether.

Why are there such strict time limits for compensation claims in Queensland?

The reason for such strict time limits being applied, is because of the need for accident investigations into the identity of the offending vehicle and its driver to take place as soon as possible following the accident.

As such investigations usually involve seeking out CCTV footage that may have captured the accident scene or surrounding areas identifying vehicles in the area at the time of the accident.

Additionally tracking down witnesses to the accident, the earlier these investigations are carried out, the more likely it is that any CCTV footage of the accident area will be retained and the accident will be fresh in the minds of witnesses who are usually found through advertising in local newspapers and interviewing residents or business owners/workers in the local area.

How much compensation did other people get awarded for their injuries?

To help you understand more how much other people were awarded for their compensation claims, (who may have similar injuries to you) we pulled together some helpful, real life personal injury payout examples..

These include compensation for injury at work as well as car accident injuries, workplace injury and slips, trips and falls. You may have suffered an injury that means that you can’t return to work. We assess the type of injury that you have suffered and will look at current medical reports, the costs of your future medical treatment, along with important factors such as whether you are left with a total and permanent disability.

How much compensation will I get for my accident?

If you seek compensation, our compensation calculator gives a basic indication how much compensation you may be able to claim. 

TPD claim lawyers Brisbane,
Gold Coast & Australia wide

As long established personal injury lawyers, we can help with Queensland motor vehicle accident claims, WorkCover compensation claims and many more claim services. We also offer Australia wide support to help you with your TPD super claim. Try our fast, free TPD compensation payout checker below.