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When it comes to the question of the time limit on car insurance claims in Australia, the answer will typically depend on what kind of claim you need to make.
There is no specific claims deadline for comprehensive car insurance claims, which typically cover you for damage to your own car, plus damage to other people’s cars or property. There are, however, deadlines for compulsory third party (CTP) insurance claims, which vary by state and territory.
When can you make a comprehensive car insurance claim?
There is usually no specific time limit for comprehensive car insurance claims. That said, it is generally recommended that you get in touch with your insurance provider as soon as possible following an accident and file a claim.
You will need to give your insurance provider information about the accident, including details of the other driver (or drivers) involved, photos and videos, any witnesses, and any police report filed.
When can you make a CTP insurance claim?
The time limit for making a CTP (or green slip) insurance claim for personal injury depends on your state or territory. Generally, it ranges from as little as 28 days to receive maximum entitlements.
To make a CTP insurance claim, you will generally need to lodge a claim form with the at fault vehicle’s CTP insurer. This will be different if your state or territory has only one CTP insurer or operates under a no fault scheme.
Here’s an overview of the current time limits in each state and territory, according to the relevant CTP regulator. If you are intending to make a claim, it’s a good idea to check the requirements with your CTP regulator directly. You could also consider consulting a lawyer.
New South Wales (NSW)
In NSW, you can submit a claim up to three months after the accident. If you submit a claim within 28 days of the accident, you may be entitled to receive back pay from the date of the accident. If you submit later than this, some of your entitlements may only begin from the date the claim is made.
In NSW, Green Slip insurance is provided by AAMI, Allianz, GIO, NRMA, QBE and Youi. If you don’t know who provides insurance for the at fault driver, the State Insurance Regulatory Authority (SIRA) says it can find out for you. You can use its CTP Connect tool or call or email CTP assist.
Victoria (VIC)
In Victoria, you have 12 months to lodge a claim from the date of your accident, or the date an injury from the accident first becomes evident. Some exceptions apply. For example, the Transport Accident Commission (TAC) says it may consider claims made within three years if there are reasonable grounds for the delay.
In Victoria, CTP insurance is provided by the TAC. The TAC is a no fault insurance scheme, meaning you can make a claim if you are injured in a transport accident, even if it was your fault.
Queensland (QLD)
In Queensland, you generally have nine months after the motor vehicle crash, or the date of the first appearance of symptoms if they are not immediately apparent, to make a claim. If you have a solicitor managing your claim, you have to make a claim within one month of first consulting with the solicitor.
In Queensland, CTP insurance is provided by Allianz, QBE, RACQ and Suncorp. It is regulated by the Motor Accident Insurance Commission (MAIC). You can find the CTP insurer of the at fault driver online if you have the vehicle’s registration number and the date of the crash.
If you cannot identify the vehicle that caused the crash, you may still be able to claim. You can lodge your claim against the Nominal Defendant and you have three months to do so.
South Australia (SA)
In South Australia, you have six months from the date of the accident to make a claim, or as soon as reasonably practicable if the at-fault vehicle was unable to be identified or was unregistered at the time of the accident.
In South Australia, CTP insurance is provided by AAMI, Allianz, QBE Insurance and SGIC. It is regulated by the CTP Insurance Regulator. You can find out the CTP insurer of the at fault vehicle using EzyReg.
Western Australia (WA)
You are required to make a claim as soon as practicable following a crash in Western Australia. Generally speaking, though, you can make a motor vehicle accident claim within three years of the date of the accident.
In Western Australia, CTP Insurance is provided by the Insurance Commission of Western Australia as part of motor injury insurance.
Tasmania (TAS)
In Tasmania, you must complete an ‘Application for Benefits’ (Form B) and return it within 12 months of the date of the accident.
In Tasmania, CTP Insurance is provided by the Motor Accidents Insurance Board (MAIB). It pays for a range of treatment and support services for eligible people who have been injured, regardless of fault.
Northern Territory (NT)
In the Northern Territory, you should make a claim as soon as practicable after the accident, and no later than six months after the date of the accident.
In the Northern Territory, CTP insurance is managed by the Motor Accidents Compensation Commission (MACC) and administered by TIO. It is a no-fault scheme, meaning you are covered regardless of who caused the accident.
Australian Capital Territory (ACT)
In the ACT, you have 13 weeks from the date of the motor accident to send your completed application documents to the insurance provider for the owner of the vehicle most at fault for the accident. If you make a late application, you may not receive all the benefits back to the date of the accident. You will also need to provide a clear explanation about why you couldn’t make the application within the 13 weeks.
In the ACT, motor accident injuries (MAI) insurance is provided by AAMI, Apia, GIO and NRMA. It is regulated by the MAI Commission. If another vehicle was at fault, you can look up the vehicle owner’s MAI insurer on the Access Canberra website or by calling Access Canberra. For NSW-plated vehicles, the MAI Commission says their CTP insurer is treated as the MAI insurer for an ACT motor accident and you can look up the insurer on the Service NSW website.
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