How long after a car accident can you claim?

Generally speaking, filing a claim as soon as possible after an accident helps your insurer pay you sooner. Claims take time to process, so the sooner you file, the sooner you're likely to see a reimbursement or payment from your provider.

What's the time limit for a car insurance claim?

Comprehensive and third party car insurance claims

Most insurers don't have a specific claims deadline. The amount of time you have to submit a car insurance claim can vary between insurers, so it's worth getting in touch with yours as soon as possible. Once you've submitted a claim, the insurer has 10 business days to respond.

Compulsory third party claims

Compulsory Third Party (CTP) insurance is slightly different to other car insurance claims. CTP claim time limits vary between states and territories (we've outlined these limits below). CTP covers compensation for anyone injured or killed in a vehicle accident. It doesn't cover damage to property or vehicles. It's mandatory in all Australian states and territories.

Time limits for different types of claims

The benefits you can get from CTP are generally broken down into 2 categories, though it can differ slightly between states.

• Statutory benefits. These are basic benefits that cover injuries and loss of earnings for a set amount of time after the accident. This is mainly for the driver who wasn't at fault, although more and more states are allowing the at-fault driver to access some of these benefits as well.
• Personal damages. The not-at-fault driver can go after the at-fault driver's CTP insurance company for more compensation if their injuries are bad enough that they experience ongoing economic damage (and sometimes even non-economic damage like pain and suffering) that outlasts their statutory damages.

Time limits for CTP car insurance claims

New South Wales

In NSW, you can make a CTP claim up to three months after the accident. If you want to claim back for loss of earnings though, you must make your claim within 28 days from the date of the accident.

Victoria

You have up to 12 months from the date of the accident to make a claim, or from the date you first noticed injuries relating to the accident.

Queensland

If you cannot identify the vehicle driven by the other driver, you must make a CTP claim within three months of the date of the incident in QLD, or within nine months of first noticing injuries resulting from the accident. If a solicitor is managing your claim, you must submit it within one month of the first meeting.

South Australia

You must lodge a claim form within six months of the date of the accident or as soon as reasonably practicable if the at-fault vehicle can't be identified. If you don't comply with these timeframes, you should reach out to your CTP insurer.

Western Australia

You must submit a CTP claim within three years of the accident. Damages for personal injury can't be made after this time.

Tasmania

You must complete an Application for Benefits (Form B) and Form A if you were the driver or owner of a vehicle involved in an accident. You have to do this within 12 months of the date of the accident.

Northern Territory

In the NT, you need to submit a CTP claim within six months of the accident.

Australian Capital Territory

If the claim is to a CTP insurer in the ACT, you have nine months from the day of the accident or from the time you first notice injuries resulting from the accident. You have three months to submit a CTP claim through the nominal defendant. You have one month if you use a lawyer.

Frequently asked questions

• How long after a car accident can you claim Australia?

  It depends on the state or territory you're in. However, it's typically around three to nine months after a vehicle accident has occurred. To be eligible for weekly benefits, you usually need to get your claim in within 28 days.

• What happens to my insurance costs after making an insurance claim?

  Typically your insurance premiums will increase after making a claim on your insurance. You might also lose any no-claim or claim-free discount for maintaining your policy with no accidents or claims for a certain period. It may help to talk to your provider, so you can find out how much your rate will increase, and whether it's worth it to make your claim or whether you should just pay out of pocket for the damages.

• How long will it take to have my claim processed?

  According to the General Insurance Code of Practice, your insurer has 10 business days from the day it receives your claim to respond with the outcome or to let you know if it needs more time to collect information or conduct further investigation.

  If your insurer does need more time, it must tell you what else it needs from you, give you an estimated time frame for completion and inform you of its progress at least every 20 business days.

Written by

Gary Ross Hunter

Editor, Insurance

Gary Ross Hunter was an editor at Finder, specialising in insurance. He’s been writing about life, travel, home, car, pet and health insurance for over 6 years and regularly appears as an insurance expert in publications including The Sydney Morning Herald, The Guardian and news.com.au. Gary holds a Kaplan Tier 2 General Advice General Insurance certification which meets the requirements of ASIC Regulatory Guide 146 (RG146). See full bio

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