How long do you have to make a personal injury claim in Australia?

The short answer

In every Australian state and territory the general limitation period for a personal injury claim is three years. It usually runs from the date of the injury, or from the date you first became aware of it, and courts can extend it in limited circumstances.

Three years sounds like plenty of time. The catch is that the compensation schemes that cover most accidents have their own, much shorter, steps that have to happen first. Miss one of those and you can lose benefits even though the three-year limit has not passed.

Why the first deadlines come sooner

Road accidents, work injuries and many public place injuries are handled through statutory schemes before anyone talks about a court claim. Each scheme wants to hear from you early, so it can start paying for treatment and lost income and so the facts are recorded while they are fresh. The dates below are the ones that catch people out.

Motor vehicle accidents

New South Wales. Under the CTP scheme run by SIRA, a claim for statutory benefits should be lodged within three months of the accident. To receive weekly income payments from the day after the accident, the claim needs to be in within 28 days; later claims can still be backdated if you give a full and satisfactory explanation for the delay. See SIRA: after a motor accident.

Queensland. A Notice of Accident Claim form must be given to the CTP insurer within nine months of the accident, or within one month of first consulting a lawyer, whichever comes first. If the vehicle at fault was unregistered or cannot be identified, the notice goes to the Nominal Defendant within three months. See MAIC: timeframes.

Victoria. A TAC claim should be lodged within 12 months of the accident. The TAC can accept a claim lodged within three years if there are reasonable grounds for the delay. See TAC: what to do after an accident.

Other states and territories run their own motor accident schemes with similar early-notice rules. If you are unsure which scheme applies, the state where the accident happened is usually the starting point.

Injuries at work

Tell your employer about the injury as soon as you can and keep a record of when you did it. Workers compensation schemes generally expect notice promptly and a claim form within months rather than years, and delays can be held against you. Your employer's insurer, or the regulator in your state, can tell you the current form and the date it needs to be lodged by.

Slips, trips and public liability

In Queensland a written notice of claim usually has to be given to the person or business responsible within nine months of the incident, or within one month of consulting a lawyer. Other states rely on the general three-year limit but still expect early notification, and evidence such as CCTV footage is often deleted within weeks, so it pays to act quickly whether or not a formal deadline is close.

If you think you may already be late

Do not assume it is too late. Many schemes accept late claims with an explanation, and courts can extend limitation periods in some situations. What matters is getting advice now rather than in another month. Write down the date of the accident, the date you first noticed the injury and everything you have done since, and ask someone qualified to look at where you stand.

Your next step

None of the dates above are legal advice for your situation, and they change from time to time. If you have been injured, the safest course is to check your position early. Our free claim check takes about two minutes and helps us point you to the right information for your state.

General information published 25 September 2026. It is not legal advice and may not reflect later changes to the law or a scheme. Check your own position with a qualified adviser.

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