Actions in Respect of Motor Vehicle Accidents

Nature of action Time Limit Period Legislation Provision
Notice of accident to insurer as pre-requisite to the institution of proceedings to recover damages against the Nominal Defendant. 3 months. s 37(2)(a) Motor Accident Insurance Act 1994 (Qld) Where insurer is the Nominal Defendant, notice must be given to the insurer within 3 months of the accident.
Notice of accident to insurer as pre-requisite to the institution of proceedings to recover damages. 9 months or 1 month. s 37 (2)(b) Motor Accident Insurance Act 1994 (Qld) Notice must be given within 9 months of the accident, or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury: s 37(2)(b)(i).

1.                   However, where the claimant has consulted a lawyer about the possibility of bringing an action, notice must be given within 1 month of the first such consultation (s37(2)(b)(ii)).
Action for damages, where a compulsory conference is ordered. 60 days after conclusion of compulsory conference; OR

 

A time agreed by parties or set by Court.

 s 51D Motor Accident Insurance Act 1994 (Qld) (1) An action for damages should be started in the court –

2.     within 60 days after the conclusion of the compulsory conference; or

3.     within a further period –

i.         agreed by the parties within the 60 day period mentioned in paragraph (a); or

ii.         fixed by the court on an application made by the claimant within the 60 day period mentioned in paragraph (a).
Action for damages, where a compulsory conference is NOT ordered. 60 days after the later of:

·         the date falling 6 months after date on which claimant gives notice to insurer of the claim; OR

·         the date of agreement or order dispensing with the conference; OR

4.                   within a further period –

·         agreed on by the parties within the 60 days period; OR

·         a date fixed by the Court.

 s 51D(2) Motor Accident Insurance Act 1994 (Qld) (2) If the parties or the court dispenses with the compulsory conference, an action for damages should be started in the court –

1.     within 60 days after the later of the following:

i.         the date falling 6 months after the date on which the claimant gives notice to the insurer of the claim or if the insurer asks for additional information, the date on which the claimant gives the insurer the completed additional information form;

ii.         the date of the agreement or order dispensing with the conference; or

2.     within a further period:

i.         agreed by the parties within the 60 day period mentioned in paragraph (a); or

ii.         fixed by the court on application made by the claimant within the 60 day period mentioned in paragraph (a).