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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. 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.

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.

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, as well as 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.

It is therefore extremely important that you take steps to bring your claim as soon as possible. If you have been injured in a motor vehicle accident, contact us at The Personal Injury Lawyers as soon as possible to discuss your case, to ensure that you are not losing any rights you have to pursue compensation and damages for your accident injuries. And if you believe you have possibly missed any time periods, you need to contact us immediately so that we can take the necessary steps to overcome any problems this has caused for your motor accident claim as soon as possible. Time is of the essence in such cases.

For more information on the various time limits that apply to personal injury claims in Queensland go to our glossary page on this topic by clicking on the following link: Strict Time Limits

Even if you think you have all the details of the motor vehicles that were involved in or caused the accident, as this is not always found to be the case when the accident is investigated, you should call us today on 1300 782 202 to discuss your motor accident claim and have peace of mind that your claim is not being compromised by these strict legislative time frames applying to motor vehicle accident claims. The Personal Injury Lawyers is a No Win No Fee personal injury firm, expert in all accident and injury compensation and damages claims. We are available to assist you with your enquiry 24/7 and you will know instantly, from the advices of experts in personal injury law, whether or not you have a claim worth pursuing.  And remember, your consultation is FREE of charge.

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