Time limits and steps for car accident (CTP) claims in Queensland (2026)
In Queensland, you make a CTP claim for a motor vehicle accident injury to the CTP insurer, under the Motor Accident Insurance Act 1994. The Notice of Accident Claim Form is generally due by the earlier of 9 months after the accident (or first symptoms) and 1 month after first consulting a lawyer. Court proceedings generally have a 3-year limit.
Key takeaways
What a CTP claim is
A CTP claim is a claim for personal injury from a motor vehicle accident, which you make to a Compulsory Third Party (CTP) insurer under the Motor Accident Insurance Act 1994 (MAIA). Every registered vehicle in Queensland carries CTP insurance, and the Act sets out the steps for notifying, investigating and resolving claims before any court case.
The Motor Accident Insurance Commission (MAIC) regulates the scheme. Under s 10, MAIC regulates the statutory insurance scheme and licenses and supervises insurers. It also sets claims-management standards and monitors how insurers handle claims.
As at 20 October 2026, MAIC lists three licensed CTP insurers: AAI Limited (trading as Suncorp), Allianz Australia Insurance Limited and QBE Insurance (Australia) Limited. Some older websites still list four insurers, so check MAIC’s current list if you are unsure who to deal with.
CTP claim time limits at a glance
The most important CTP deadline is the Notice of Accident Claim Form. It falls due earlier than many people expect, because seeing a lawyer can shorten the time you have. The table below sets out the main time limits.
|
Step |
Time limit |
Law |
|---|---|---|
|
Notice of Accident Claim Form to the CTP insurer |
The earlier of 9 months after the accident (or first appearance of symptoms) and 1 month after you first consult a lawyer about a possible claim |
MAIA s 37(2)(b) |
|
Notice to the Nominal Defendant (unidentified vehicle) |
Within 3 months after the accident. The law bars the claim if you don’t give notice within 9 months |
MAIA s 37(2)(a), (3) |
|
Starting court proceedings |
Generally 3 years from the date the cause of action arose |
LAA s 11 |
|
Court proceedings after the 3 years, where you gave notice in time |
Within 6 months after you give the notice or the court grants leave, or a longer period the court allows |
MAIA s 57 |
|
Children |
MAIC says a child generally has until their 21st birthday to start court proceedings |
LAA ss 5(2), 29 |
How a CTP claim starts with the Notice of Accident Claim Form
The Notice of Accident Claim Form is the document that starts a CTP claim. Under s 37(2)(b), you must give it by the earlier of two dates: 9 months after the accident (or, if symptoms weren’t immediately apparent, 9 months after they first appeared), or 1 month after you first consult a lawyer about the possibility of making a claim.
The second date catches many people out. The 1-month clock starts when you consult a lawyer about a possible claim, not when you sign up with one. If you first speak to a lawyer 2 months after the accident, the notice is due about 3 months after the accident, not 9.
If a law practice acts for you, the notice must come with a law practice certificate from the practice’s supervising principal (s 37(1)(d)). This requirement is part of Queensland’s measures against claim farming.
What happens if your CTP claim notice is late
A late notice doesn’t automatically end a claim, but you must explain the delay. Under s 37(3), the obligation to give the notice continues, and you must give a reasonable excuse for the delay in the notice or by separate notice to the insurer.
MAIC’s guidance says that the insurer decides, at its discretion, whether to accept the excuse. A late notice therefore adds uncertainty, which is why the deadline matters even if you are still recovering.
Telling the police before a CTP claim
Before making a CTP claim, you must make sure appropriate notice of the accident has been given to a police officer. Under s 34, that means the particulars required under the road-use laws, or a MAIC-approved form if those particulars weren’t given.
Section 34 doesn’t set a specific number of hours or days for this. You may see claims online that you must report “within 24 hours” to make a CTP claim. That figure doesn’t appear in s 34. Separate road-rules reporting duties may apply, so check them with the police or a lawyer.
The Nominal Defendant for unidentified and uninsured vehicles
If no one can identify the vehicle that caused the accident, you make the claim against the Nominal Defendant rather than a CTP insurer. You must give the notice within 3 months after the accident, and the law bars the claim if you don’t give it within 9 months (s 37(2)(a), (3)).
The shorter 3-month period applies only to an unidentified vehicle. Other cases, including an identified but uninsured vehicle, fall under the general rule: the earlier of 9 months and 1 month after first consulting a lawyer.
Court time limits for a CTP claim
Most CTP claims end without a trial, but the court time limit still applies in the background. Under s 11 of the Limitation of Actions Act 1974, you generally can’t bring a personal injury action more than 3 years after the cause of action arose.
If you gave notice of claim before the 3 years ended, MAIA s 57 allows proceedings to start after the limitation period, but only within 6 months after you give the notice or the court grants leave, or a longer period the court allows.
Some people have more time:
Costs in smaller CTP claims
In smaller CTP claims, the law limits the costs a court can award, and they depend on the parties’ mandatory final offers. Under s 55F, if a court awards damages at or below the upper offer limit, costs depend on how the award compares with those offers.
If the award is at or below the lower offer limit and falls between the two final offers, the court awards no costs. If the award is between the lower and upper offer limits, the declared costs limit caps pre-proceedings costs. The limits change with indexation each financial year.
|
Threshold (MAIA) |
Amount from 1 July 2026 |
|---|---|
|
Declared costs limit |
$4,960 |
|
Lower offer limit |
$59,300 |
|
Upper offer limit |
$98,890 |
Serious injuries and NIISQ
The National Injury Insurance Scheme Queensland (NIISQ) may also cover some people with serious injuries. NIISQ is a no-fault scheme that funds necessary and reasonable treatment, care and support, sometimes for life, for people seriously injured in a motor vehicle accident in Queensland on or after 1 July 2016.
The scheme has its own eligibility rules, which this guide doesn’t cover. Check the NIISQ website or ask a lawyer whether it applies to you.
Do you need a lawyer for a CTP claim?
No. You don’t legally need a lawyer to make a CTP claim, and MAIC says so directly. MAIC suggests getting legal advice for complex or disputed claims, and you can do that at any stage.
If you do speak to a lawyer, keep in mind that the first consultation can start the 1-month notice clock. Many Queensland firms offer a free first consultation. Before signing anything, ask for the costs disclosure the law requires and read the costs agreement carefully. Our guide to personal injury lawyer fees explains “no win, no fee”, uplift fees and the 50/50 rule.
Refunds, tax and how long claims take
Some of a CTP payout may go to repaying government benefits. If your compensation includes an economic loss component, Centrelink may apply a preclusion period and recover payments made during it. Similarly, Medicare can recover benefits for injury-related services from settlements over $5,000. The insurer usually pays Services Australia directly before releasing the balance to you.
Lump sum damages for personal injury are generally not taxable, because the ATO treats them as a capital receipt. Some parts that replace income can be assessable, so check your situation with the ATO or a tax adviser.
No fixed timeframe applies to a CTP claim. MAIC says claims vary in how long they take to settle, and minor claims without a dispute about liability usually settle faster. Be wary of any site that promises a set number of months.
Unsolicited calls, messages and claim farming
If someone you don’t know calls, texts or messages you after an accident and urges you to make a claim, be cautious. Under Queensland’s claim farming laws (including MAIA ss 74–75), it is illegal to pay or receive a fee for referring a potential claim, or to personally approach or contact someone to solicit or induce them to make a claim, subject to limited exceptions.
The maximum penalty is 300 penalty units, which is about $51,810 from 1 July 2026. You can raise concerns about a lawyer’s conduct with the Legal Services Commission.
Frequently asked questions
Sources
Related guides
About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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