Motor Vehicle Accident – Time (Limit) is of the Essence

Published On: December 14th, 2022Categories: Motor Vehicle Accident

If you are injured in a motor vehicle accident the last thing you may be thinking of is whether or not you have enough time to submit a claim for compensation.

However, the Motor Accident Injuries Act 2017 imposes strict time limits on an injured person being able to claim benefits and damages for their injury.

Under the MAIA 2017 an injured person is required to:

Report the accident to NSW Police within 28 days after the accident (unless the Police attended the accident).
Make a claim for statutory benefits within 3 months after the date of the motor accident – if a claim is not made within 28 days after the motor accident then you may not be entitled to receive weekly payments for the period before the claim is made.
Make a claim for damages within 3 years of the date of the motor accident.

Whilst in certain circumstances the late lodgement of a claim can be allowed by providing a full and satisfactory explanation, it is important that all attempts are made to lodge a claim in time so that you are not precluded from claiming compensation for your injuries.

We recommend that should you have been injured in a motor vehicle accident you contact us to obtain our expert legal advice on obtaining your full entitlement to benefits and damages.