Is There a Time Limit on Car Insurance Claims in Australia?

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How much time do I have to lodge a car insurance claim?

What are the time limits for compulsory third-party (CTP) insurance claims?

What happens if I wait too long to lodge a claim?

When can I make a car insurance claim?

How do I make a car insurance claim?

How long does it take to process a claim?

What do I do if my claim is denied?

How do I find car insurance that’s right for me?

Long story short

Comprehensive and third-party car insurance claims have no strict deadlines

However, insurers recommend claiming as soon as possible to avoid delays and complications.

Each state or territory has clear time limits for CTP insurance claims

Time limits for claiming differ from 13 weeks in the ACT to 12 months in VIC.

Waiting too long might mean losing your right to claim

Delays can impact evidence, lead to slow processing, and even void your claim entirely.

How much time do I have to lodge a car insurance claim?

Several factors can decide how much time you have to lodge a claim with your insurer. For starters, it can depend on the type of policy you’re claiming against.

With comprehensive car insurance or third-party car insurance, insurers prefer that you don’t miss a beat and get your claim in as soon as possible. That said, the deadlines for filing a car insurance claim aren’t really written in stone.

When it comes to compulsory third-party (CTP) insurance, the timelines for lodging a claim are a little more concrete.

What are the time limits for compulsory third-party (CTP) insurance claims?

CTP insurance is a legal must-have and works differently from comprehensive or third-party car insurance. It’s meant to cover people, not property damage – in other words, personal injury or deaths in a motor vehicle accident, not damage to the motor vehicle. The time limits for lodging a CTP insurance claim are more defined and can vary by state or territory.

NSW

In New South Wales, the time limit to lodge a CTP insurance (Green Slip) claim is three months from the date of the incident. To claim backpay for loss of earnings, you’ll need to lodge the claim within 28 days from the date of the incident, or better yet, as soon as possible.

VIC

In Victoria, you have 12 months from the date of the accident (or from when an accident-related injury becomes evident) to lodge a CTP insurance claim with the Transport Accident Commission. If there’s reasonable cause for a delay, claims can be made up to three years after the accident.

QLD

In Queensland, you generally have nine months from the date of the accident or from when your injury symptoms first appeared to lodge a CTP insurance claim. If you consult a lawyer, you must lodge a claim within one month of your first consultation. If you’re hit by an unidentified vehicle, the claim-lodging deadline is three months.

SA

In South Australia, you must lodge a CTP insurance claim as soon as possible or within six months of the accident. If you lodge after six months, you’ll need to provide a valid reason for the delay. If the claim is not made within three years from the date of the accident, the insurer generally won’t accept your claim, unless they’re legally required to do so.

WA

In Western Australia, the time limit for lodging a CTP insurance claim is three years from the date of the incident or when you first became aware of the injury. If the accident involves a fatality, a court might be able to extend the timeframe.

NT

In the Northern Territory, the advised timeframe for lodging a CTP claim is six months from the date of the accident. Your claim may also be considered if it’s lodged within three years from the date of the accident. However, it is recommended to make a claim as soon as possible.

ACT

In the Australian Capital Territory, the time limit to file a CTP insurance claim is 13 weeks from the date of the accident. However, if you have a valid reason, you may be able to claim up to two years from the accident date.

TAS

In Tasmania, you have 12 months from the date of the car accident to lodge your CTP insurance claim. You also have three years from the date of the accident to start court proceedings.

Helpful tip

Making a car insurance claim is about acting fast. But being quick to claim won’t help much if your policy can’t cover the incident. That’s why it helps to have comprehensive car insurance if you find yourself in a bingle. It offers the broadest possible cover along with helpful optional extras to help you along on the road to recovery.

Adrian Bennett

General Manager for General Insurance

What happens if I wait too long to lodge a claim?

For one thing, a lot of things can change when it comes to evidence: the person at fault may decide to do a Harold Holt and leave you in the dust, or crucial witnesses may lose interest and decide they want nothing to do with the claim. But the most concrete outcome of waiting too long to claim is having your claim rejected – not ideal.

While comprehensive and third-party insurance have no official claim-lodging timelines, that’s no reason to drag one’s feet. You probably won’t find an insurer who advises you to kick back and veg out with lodging an insurance claim.

On the other hand, CTP insurance’s clearly defined timelines can take the guesswork out and help you lodge your claims on time. More importantly, once your claim is processed and you have certainty around your treatment costs being covered, you can focus on getting the medical care you need.

When can I make a car insurance claim?

How do I make a car insurance claim?

Before getting into the ‘how’, let’s briefly cover the ‘who’ and the ‘what’ – so there’s less room for the ‘huh?’

With comprehensive and third-party car insurance, the at-fault driver typically lodges the claim with their insurer.

With CTP insurance, you can generally claim benefits if you’re injured or your next of kin or someone you’re dependent on is killed in an accident that wasn’t (or was only partly) your fault. You’ll typically claim against the CTP policy of the car that caused the accident.

Or if your state or territory follows a no-fault CTP insurance scheme, you can also claim if you sustain injuries in an accident you caused. In this instance, you’d claim against your own CTP insurance policy.

Unfortunately, not all states follow no-fault CTP schemes. If you live in a state that doesn’t, you can potentially rely on other forms of support such as Medicare, income protection, or life insurance.

Here’s a quick rundown of typical claim processes and some tips to help make things easier.

How long does it take to process a claim?

Depending on the type of claim (CTP insurance, comprehensive, or third-party car insurance) and how complex it is, the claims process can take anywhere from a few days to more than a year. The time that repairers can take to fix the damage can also vary.

That said, it helps to be aware of standard timeframes so there are no questions around how long a claim should take.

What do I do if my claim is denied?

Unfortunately, it can happen. Your claim could potentially be denied for reasons like driving under the influence, not disclosing relevant information, insufficient documentation, or, of course, filing the claim too late.

Fortunately, you might be entitled to an appeal – and if you are, here’s how you could go about it.

Ask why your claim was rejected

Put it in writing and get that paper trail going. Your insurer should give you a reason for the refusal and also disclose any evidence such as assessor reports or photos. 

Typically, insurers will want to cooperate and resolve the issue, so things don’t have to get too messy. That said, messy they can get, in which case you could opt to take things up a notch. 

File an official complaint

There can be two levels to this stage.

1. You could complain to the insurer’s internal dispute resolution (IDR) team – most insurers have one, and you can find your insurer’s IDR details on the Australian Financial Complaints Authority (AFCA) website.
2. If 30 days has passed without a resolution, you can complain directly to AFCA. Of course, AFCA’s decision could go either way. If the

Take the legal route

If you’re keen enough to see your claim cross the finish line, you could consider applying to a tribunal or take matters to court. Bear in mind, though, that there may be time and money limits involved with a tribunal or a court.

You’d also have to consider potential legal fees so you might prefer to get legal advice. And there’s the possibility of you losing the case and having to cough up a huge settlement that could’ve been avoided.

How do I find car insurance that’s right for me?

There’s no sure-fire way of scoping out a car insurance policy that’s a match made in heaven! But if you want the broadest level of cover, comprehensive car insurance might be the way to go. It can also come with heaps of features and optional extras that might complement your lifestyle or situation.

If you’re policy-hunting, it also helps to dive into the target market determination before you decide to purchase to get an general idea of who the policy is for.

And finally, it’s always worth comparing. Use iSelect’s comparison tool and get access to car insurance policies from our range of providers. If you find one that works for you, simply give us the go-ahead and we can sign you up in a matter of minutes.