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.
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.
It is important that you take steps to bring your claim as soon as possible
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.
✔ There is only a small window in which you can make compensation claims in Queensland
✔ Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing
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