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If you have been injured in a car accident as a driver, passenger, rider or pedestrian, regardless of whether you were at fault or not, there are strict time limits for making motor vehicle accident compensation claims against the insurer of the mostly at fault vehicle. The sooner you file your claim, the sooner your insurer can start covering your expenses for you.
Time limits for notifying police
You should notify the police within 28 days of the accident and get a police event number before lodging an application for personal injury benefits (claim).
Time limits for lodging a claim
You can submit a claim up to three months after the accident. You may be entitled to receive back pay from the date of the accident if you lodge a claim within 28 days of the accident. Some of your entitlements may only begin from the date the claim is made if you lodge a claim after 28 days of the accident.
Time limits for weekly benefits
If you sustained minor injuries, you could receive statutory benefits for up to 6 months.
If you sustained non-minor injuries, you could receive statutory benefits for up to 2 years.
Time limits for making a lump sum claim
You can make a lump sum claim once the following conditions have been fulfilled:
- Your injuries have been assessed as non-minor; and
- You were not mostly at fault in the accident.
If your Whole Person Impairment (WPI) is 10% or less, you can make lump sum claim for past and future loss of income after 20 months of the accident.
Can these time limits be extended?
Yes. Though the deadlines typically have exceptions, you will have to provide full and satisfactory explanations as to why you did not file the claim on time.
There is the possibility of an extension being granted by the courts if a claim is not lodged within certain time frame considering the following aspects:
- The reasons for the delay
- The length of the delay
- The nature and extent of the personal injury
However, these processes can stretch over long periods of time and they may not be successful.
For more information about motor vehicle accident compensation, contact Jameson Law today.
Reference:
https://www.sira.nsw.gov.au/claiming-compensation/motor-accidents-injury-claims/from-1-december-2017/who-do-i-claim-with
https://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_car_accident/Frequently_asked_questions.aspx
https://www.sira.nsw.gov.au/claiming-compensation/motor-accidents-injury-claims/from-1-december-2017/who-do-i-claim-with
