If you've missed the 9-month deadline for CTP claims in Queensland, you might still be able to make a claim as long as you can provide a "reasonable excuse" for the delay.
It can be incredibly stressful and overwhelming to miss a deadline when going through a CTP claim, especially while dealing with injuries and recovery. However, Queensland law recognises that genuine circumstances sometimes prevent people from lodging claims on time.
Understanding what counts as a reasonable excuse and knowing the exact steps to take can be the difference between receiving compensation and losing your entitlement. This handy guide will go through the various CTP claim deadlines in Queensland, what excuses courts accept for late claims and the practical steps you should take to best protect your rights.
Understanding Late CTP Claims in Queensland
What are the standard CTP claim deadlines in Queensland?
Under Queensland law there are specific time limits for CTP claims in order to ensure timely investigation of accidents. The regular deadline is 9 months from the date of the accident for lodging your Notice of Accident Claim Form.
However, if you consult a lawyer about your accident, you must lodge your claim within 1 month of that consultation, even if the 9 month limit hasn't expired.
The 3-year limitation period is a separate (and final) deadline for commencing court proceedings, not simply lodging a claim form. Missing this deadline is much more serious and is only rarely extended.
What happens if the driver was unidentified or uninsured?
If you were in an accident with an unidentified vehicle or uninsured driver, your claim is made against the Nominal Defendant. This only has a deadline of 3 months from the accident, but it can be extended to 9 months if you provide a reasonable excuse for the delay.
Important note: it’s common for hit-and-run victims to miss this tighter deadline while searching for the driver or vehicle. Gathering police reports proving your efforts to identify the driver is critical evidence for a reasonable excuse.
Your Rights and Entitlements
What you're entitled to:
- Right to lodge a late claim: you can still file a claim after 9 months if you have a reasonable excuse for the delay.
- Right to have your excuse considered: the insurer or court must assess your circumstances to see if they’re a reasonable excuse before rejecting your claim.
- Right to court review: if your late claim is rejected, you can apply to District Court for a ruling on if your excuse is reasonable.
- Access to the same compensation: a successfully lodged late claim entitles you to the same damages as one made in time claim, including medical expenses, lost income, pain and suffering and future care costs.
What you must do:
- Provide detailed evidence: comprehensive documentation which explains exactly why you missed the deadline, with supporting evidence like medical reports or affidavits, is essential.
- Lodge as soon as possible: upon realising the deadline has passed, act immediately. Any further delays will weaken your position and show you're not taking the deadline seriously.
- Include your excuse with the claim form: section 5 of the Notice of Accident Claim Form asks for your reason for late lodgement. Ensure this is completed thoroughly and with attached evidence.
- Respond to insurer requests promptly: the insurer has 14 days to acknowledge your claim and will likely request additional information about your reason for lateness.
Common Scenarios and Questions
I didn't know I could claim because my injuries seemed minor at first
Quick answer: this could be a reasonable excuse as long as you have medical evidence showing the injury was genuinely undetectable initially, or that symptoms developed later in an unforeseeable way.
What to do:
- Get a report from your treating doctor showcasing your initial condition and how symptoms evolved.
- Request any medical records showing that your injury wasn't apparent in initial examinations.
- Get a specialist opinion explaining exactly why your injury couldn't reasonably have been discovered earlier (for example, psychological conditions like PTSD often develop months after the accident).
Important note: simply saying "I thought it would get better" or "I didn't think it was that serious" without medical evidence isn’t likely to succeed. Objective evidence showing why a reasonable person in your position wouldn't have known to claim is paramount.
I had a brain injury from the accident that affected my ability to understand I needed to claim
Quick answer: being medically incapacitated in a way which prevents you from understanding your legal rights is one of the strongest reasonable excuses recognised by Queensland courts.
What to do:
- Get neurological or neuropsychological assessments which show your cognitive impairment during the relevant period.
- Request reports from treating specialists which explain how and why your injury affected decision-making, memory and/or comprehension.
- Gather statements from close friends and family who have seen your cognitive difficulties.
- Document when your capacity returned to a level where you could reasonably understand your rights to compensation.
Important note: this excuse only covers the period you were genuinely incapacitated. Once you recover sufficiently, you must act reasonably promptly or also have a good excuse for any further delay.
I was dealing with other serious issues (family crisis, other injuries, etc.)
Quick answer: serious injuries which genuinely affect your ability to take care of legal matters might be accepted as a reasonable excuse, but courts expect people to manage legal obligations even during difficult times.
What to do:
- Gather proof of the specific circumstances which led to the delay (death certificates, hospital admission records, evidence of caring responsibilities, etc.).
- You must explain why these circumstances prevented you from lodging a claim (not just that life was generally difficult).
- Demonstrate that you acted the moment the circumstances resolved or improved.
- Consider whether you could have appointed someone to act on your behalf during this period.
Important note: general life, work commitments and ongoing financial stress typically don't meet the threshold for a reasonable excuse. The reasons need to be genuinely exceptional and directly prevent you from taking action.
The accident was a hit-and-run and I spent months trying to find the driver
Quick answer: trying to identify an at-fault driver can be accepted as a reasonable excuse for missing the 3-month Nominal Defendant deadline, especially if you have evidence of an active investigation.
What to do:
- Obtain police reports showcasing your attempts to identify the vehicle and driver involved.
- Thoroughly document your own investigation efforts (witness searches, CCTV requests, social media appeals, etc.).
- Be prepared to show when you realised you wouldn’t be able to identify the driver and explain why you didn't pursue a Nominal Defendant claim at the same time.
- Lodge your Nominal Defendant claim immediately.
Important note: the 3-month deadline for Nominal Defendant claims is strict, but it can be extended to 9 months if you have a reasonable excuse. Police reports showing active investigations strengthen your case significantly.
Step-by-Step Process for Lodging a Late Claim
1. Assess your position immediately (within 1 week)
As soon as you realise you've missed the deadline, begin gathering basic documentation (accident date, injuries, any prior medical reports) and work out exactly how late you are. Note when you first consulted a lawyer (if applicable) as this affects which deadline applies to you.
2. Obtain detailed medical evidence (within 2-4 weeks)
Request comprehensive reports from all treating healthcare providers which detail your injury timeline. Ask them to address when your injuries became apparent, if symptoms were delayed and if there was any cognitive impairment which affected your decision-making. Specialist reports from psychologists or psychiatrists are essential for psychological injuries.
3. Document your reasonable excuse (within 2-4 weeks)
A detailed chronological account of why you missed the deadline, including specific dates and circumstances, is essential. Prepare a statutory declaration or affidavit confirming this timeline (a lawyer can help with this) and gather supporting evidence such as medical reports, police reports, correspondence showing misinformation, witness statements from family about your incapacity and evidence of crisis circumstances.
4. Complete the Notice of Accident Claim Form (within 1 week of gathering evidence)
Download the official MAIC Notice of Accident Claim Form (Non-Fatal) and complete all sections with as much information as possible. In Section 5 (which addresses late lodgement), provide a comprehensive explanation of your reasonable excuse. Ensure you attach all supporting evidence.
5. Lodge your claim electronically (immediately after completion)
Paper claims are no longer accepted, so you’ll have to submit your claim through the MAIC online portal. Keep copies of everything you submit, as well as confirmation of lodgement. Note the exact date and time you submit your claim.
6. Respond to insurer enquiries promptly (ongoing)
Insurers must acknowledge claims within 14 days, and will likely request additional information about your excuse. Respond to all their requests within the timeframes given, and keep meticulous records of all communication.
7. If your excuse is rejected, consider court application (within 1 month of rejection)
Request a written explanation of the rejection from the insurer and consult with a lawyer about applying to the District Court for an extension.
Documents you'll need:
- Medical certificate and treatment records: these will establish the timeline of your injury and support delayed discovery or incapacity excuses.
- Police report (especially for Nominal Defendant claims): these document the circumstances of your accident and, for hit-and-run incidents, showcase your efforts to identify the vehicle. Police reports carry significant weight as independent evidence.
- Statutory declaration or affidavit: this is your sworn statement stating the precise reason you missed the deadline.
- Financial documents (if claiming lost income): recent pay slips, tax returns and employer statements showing your pre-accident earnings and time off work will help quantify your claim and demonstrate the accident's impact on your life.
- Evidence supporting your specific excuse: neuropsychological reports for brain injury; communications showing misinformation; death certificates for family crisis; immigration documents and English proficiency tests for language barriers; and witness statements from family/friends about how the incident has affected you.
- Pre-accident medical records: these are vital as they show your baseline health and help prove the accident caused or aggravated your current condition, which is especially important for claims involving delayed symptom.
Red flags and warning signs
Act immediately if:
- You’re nearing the 3-year limit. This is the final deadline to start court proceedings, and extensions are rare.
- Your injuries have significantly worsened. Get medical evidence quickly in this case because worsening symptoms won’t usually justify an extension unless they’re genuinely new injuries.
- You’ve received a rejection letter. You have limited time to challenge the insurer’s decision in District Court.
- You previously consulted another lawyer about the accident. You may only have 1 month from that consultation to lodge your claim.
- You’ve discovered new evidence. Any new photos, witnesses and medical records which strengthen your claim should be submitted immediately.
Common mistakes to avoid:
- Delaying while “gathering more evidence.” Lodge your claim early and add supporting material later.
- Assuming ignorance of deadlines is enough. Not knowing time limits alone rarely justifies a late claim.
- Relying on non-legal advice. Tow operators or accident companies often give incorrect guidance; trust qualified lawyers only.
- Expecting insurers to warn you. Insurers don’t have to remind you of deadlines, and advice may be misleading.
- Waiting to see if injuries improve. Delays can be seen as voluntary; treatment and legal protection should happen together.
When to seek legal advice:
It’s always recommended to consult with an experienced lawyer as soon as possible in cases such as these, especially if:
- You’ve missed the 9-month deadline
- You’re unsure which deadline applies
- The driver was unidentified or uninsured
- Your injuries involve cognitive impairment
- Your late claim was rejected
- You’re nearing the 3-year limit
Early advice is vital because it:
- Clarifies your rights and compensation entitlements
- Helps you access rehab and treatment sooner
- Avoids technical mistakes that can lead to claim rejection
- Protects your options before deadlines close and legal rights expire
Key Takeaways
Remember these essential points:
- The 9-month deadline can be extended with a reasonable excuse: missing this deadline isn't necessarily fatal to your claim as long as you have legitimate reasons supported by proper evidence.
- Medical evidence is crucial: whether your excuse is to do with delayed injury discovery or cognitive incapacity, objective medical documentation from treating specialists will make or break a late claim.
- Act immediately once you realise you've missed a deadline: further delays significantly weaken your position and suggest you're not taking the matter seriously.
- Different accidents have different deadlines: claims involving hit-and-runs and uninsured drivers have a tighter 3-month deadline for Nominal Defendant claims, although this can extend to 9 months with a reasonable excuse.
- The 3-year limitation period is much harder to extend: this final deadline for starting court proceedings requires a court order and is rarely granted without solid proof of completely new injuries and no prejudice to the defendant.
- "I didn't know" alone typically isn't enough: ignorance of time limits may contribute to a reasonable excuse for the 9-month deadline but is unlikely to extend the 3-year period and needs robust supporting circumstances.
- Professional legal advice is essential: the interplay of deadlines, reasonable excuse requirements and strict evidence standards makes it very important to seek professional help.
Get Help Now
If you've missed a CTP claim deadline, getting legal advice at the earliest opportunity will help you understand whether you have a viable reasonable excuse, what evidence you need and the exact steps to take to protect your compensation rights.
Contact Smith's Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation where we'll assess your reasonable excuse and explain your options clearly
- No upfront costs: we operate on a No Win, No Fee, No Catch® basis, so you only pay legal fees if your claim is successful
- Or request a call back: fill out the form below and one of our experienced team will contact you at a time that suits you
Our Queensland personal injury team has extensive experience with late CTP claims and understands exactly what evidence courts require to accept reasonable excuses and maximise your chances of successfully lodging a late claim.
Don't let missed deadlines cost you the compensation you deserve. Contact us today.
