Can I make a claim if my personal injury claim form is lodged after the six month time period?
Yes. If you can provide a full and satisfactory explanation for your delay then your claim can proceed.
What does “full” explanation mean?
The explanation must be full…meaning a full account of the conduct, including your actions, knowledge and belief from the date of accident until the date of providing the explanation. LawAdvice are experts in gathering all the necessary evidence to explain each and every relevant time period from the date of accident to the date of your explanation.
What does “satisfactory” explanation mean?
Your explanation must be satisfactory. This means that the delay can be justified. I.e. a reasonable person in your position would have failed to comply with the time limit or would have been justified in experiencing the same delay.
Examples of matters where LawAdvice has succeeded in explanations for delay:
Our client’s delay was relatively short, and in the circumstances the insurer did not suffer prejudice by receiving the claim outside of the 6-month period.
As is often the case, our client had no knowledge of the time limits as they had not had a CTP claim before. The first time they became aware of the time limit was when one of our expert lawyers advised her during her initial consultation.
Our client received workers compensation benefits for a number of years and had no reason to suspect that he had a potential motor accident claim. He believed he was only entitled to workers compensation and the first time that he was advised of his motor accident claim rights was by one of our personal injury specialists.
You should act quickly once you are aware of your right to make a claim
Once you become aware of the time limits and your right to make a claim you should act quickly. For example, if you delay your matter further after learning that you can submit a late explanation the court may not accept that that your conduct was satisfactory.
Conclusion
Even if you are out of time in the lodgement of your claim form do not give up on your motor accident/car accident claim. We have achieved success for our clients by reinstating their matters and getting our clients the compensation that they deserve.
To receive a free, no obligation assessment of you motor accident CTP claim contact us on FreeCall 1800 122 555 or complete our Free Claim Advice Form. The above information is general only and does not constitute legal advice.