Important time limits under the new motor accidents legislation
Medical Negligence
2 February 2026
min read
Key Takeaways
Motor accident claim deadlines are strictly enforced; missing key dates can jeopardise your entitlements and settlement rights. Dates run from the accident and continue through final claim resolution.
• Report accident to police within 28 days of the incident
• Complete Personal Injury Benefits application within 28 days (extends to 3 months)
• File common law damages claim within 2 years of the accident
• Weekly benefits cease 2 years after accident if WPI is less than 10%
Strict time limits are in place for motor accident claims.
The new Motor Accident Legislation for injuries received on or after 1 December 2017 now provides very strict time limits in which to make a claim.
It is important that the time limits are strictly complied with.
These time limits include...
- The motor vehicle accident must be reported to the police within 28 days of the accident.
- An Application for Personal Injury Benefits should be completed within 28 days of the accident but can be completed up to three months after the accident.
- If the insurer makes a decision which affects your ongoing entitlements to statutory benefits this decision must be internally reviewed within 28 days.
- If you disagree with the insurers internal review you can apply to the Personal Injury Commission for a determination.
- A claim to determine the level of whole person impairment (WPI) should be made within two years from the date of the motor vehicle accident. If your WPI has not been assessed or is less than 10%, then weekly benefits cease two years after the motor vehicle accident.
- A claim for common law damages should be made within three years from the date of the motor vehicle accident. This will allow you to continue to receive weekly payments for up to three years (if your whole person impairment is 10% or less) or for up to a maximum of 5 years (if your whole person impairment is 11% or more).
- A claim to determine your common law damages must be made in the Personal Injury Commission within three years from the date of the motor vehicle accident.
These time limits are very strict with limited right of Appeal. It is important that the time limits are strictly complied with otherwise there may be difficulty making claim at a later time. Review our Motor Vehicle Compensation Claim Guide here.
Disclaimer
The information contained on this article is of a general nature only and is not intended to be legal advice. The law may have changed since the information was published. There is no intention to create a lawyer-client relationship and you should always seek legal advice about your own personal circumstances.
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