How long do I have to claim for a car accident injury in the Gold Coast?
Have you recently been involved in a car accident in the Gold Coast and don’t know how long you have to make a claim?
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You aren’t alone.
We are frequently asked about the deadline for claiming compensation after a car accident, and we are here to help.
Depending on the type of claim you are making, you will have between three months to three years to submit your claim.
Before submitting any claim, we recommend that you speak to a compensation lawyer to get the advice and support that you need.
Each deadline for car accident compensation comes with extensions and terms you need to understand before moving forward, let us walk you through them today.
Time limit for car accident injury claims on the Gold Coast
In the Gold Coast, a car accident compensation injury claim must be submitted within nine months to three years after the accident or when the injury develops.
How long you have to submit your claim will depend on the type of claim you are submitting and whether there are any exceptions that apply.
It is important that you understand the deadlines to ensure you don’t miss them and can claim the compensation that you deserve.
There are two types of claims you can make in the Gold Coast.
You can claim with the Motor Accident Insurance Commission (MAIC) for a Compulsory Third Party or start legal proceedings for a compensation claim with a lawyer.
Both of these options require you to provide details about the accident and your injury to determine if the claim will be awarded.
They have different time limits, which we have outlined below:
Notice of accident claim
A notice of accident claim is submitted to the Compulsory Third Party within nine months of the accident date, or nine months from when the symptoms of your injury began.
If you miss this deadline, you will not be able to make a claim, so it is important that you get your form in before the deadline.
There is an option to have an extension to the deadline, but there needs to be a reasonable excuse for this to be granted.
Extensions are typically granted for injuries that have prevented you from completing the form.
Extensions are awarded on a case-by-case basis, and you should seek legal advice from a lawyer before applying for an extension.
In some cases, the deadline for submitting your notice is shorter.
This typically happens during hit and runs, when the other driver is unknown.
In these cases, you will have three months to submit your claim and you will need to ensure you gather all of your evidence quickly to submit your form before the deadline.
The deadline becomes even shorter if you have legal representation. As soon as you meet with a lawyer, the clock is ticking, and you have one month from your initial consultation to submit your claim.
Make sure you have the information you need to submit your claim before meeting with a lawyer to avoid any issues.
Common law compensation claim
A common law compensation claim comes with a more generous time frame of three years from the date of the accident.
This allows you time to gather all of the information that you need and recover from any injuries before moving forward.
There are some exceptions to this three year time limit too, like if you are underage when the accident happens.
In these cases, the three-year time limit begins when you turn 18.
Any other exceptions are considered on a case-by-case basis, and your lawyer can help guide you through these and get an extension if needed.
Claiming compensation for a car accident
Regardless of the type of compensation claim you make, you can expect them to follow the same steps.
There can be some differences depending on your case, but usually you can expect the following steps:
- You will find a lawyer who can help with your compensation claim. To ensure they are the right lawyer, provide them with as much information as possible. This helps them to determine the success chance of your case and if they have the right experience and expertise to help
- File a notice of accident claim before your deadline
- Our lawyer will establish liability (who is responsible for the accident and injuries) through fact-finding. Again, here you will want to provide as much information as possible
- Negotiations will begin with your insurance party and those responsible for getting you fair compensation
- Mediation continues until a settlement is agreed upon (usually a cash figure). If a fair settlement is not agreed, the case can be taken to court, where your lawyer will present your case
- If your claim is successful, you will be awarded a tax-free settlement as compensation
Find your car accident compensation lawyers in the Gold Coast today
After a car accident, it is vital that you submit your compensation claim in time to ensure you get the money you deserve.
Car accident lawyers, like those at Smith’s Lawyers, can help you here, ensuring that you get the support and legal advice that you need.
Before you submit your claim, make sure you reach out to these Gold Coast compensation lawyers to ensure you get the compensation you deserve.