By Michael Singh · 6 Min Read · The Motor Accidents Injuries Act 2017 (MAIA) runs on strict deadlines. Miss the wrong one and you may lose your right to compensation entirely — even with a strong claim and serious injuries.
- 28 days — notify the CTP insurer (critical for early benefits)
- 3 months — lodge your Personal Injury Claim Form
- 3 years — commence court proceedings for common law damages
28 days — notify the CTP insurer
Under MAIA, notify the at-fault driver's CTP insurer as soon as practicable after the accident. While 28 days is not an absolute cutoff, notifying within this window is important: it triggers the insurer's obligation to begin funding treatment and rehabilitation, creates a contemporaneous record, and avoids any dispute about why notification was delayed.
3 months — lodge the Personal Injury Claim Form
A formal Personal Injury Claim Form must be lodged within 3 months of the accident date, or within 3 months of when you first received treatment, whichever is later. Missing this deadline can result in loss of entitlement to some early statutory benefits.
Extensions are available in genuine cases but do not rely on one being granted. If you are approaching this deadline, contact a lawyer immediately.
3 years — commence court proceedings
For common law damages, you must commence court proceedings within 3 years of the accident date under the Limitation Act 1969 (NSW). This is a hard deadline. Do not wait until year three to get advice — common law claims require medical evidence and expert reports that take time to assemble.
Nominal Defendant — stricter rules for hit-and-run
If your accident involved an unregistered vehicle or an unidentified driver who fled, your claim is against the Nominal Defendant. The deadlines are harsher:
- Unregistered vehicle — written notice to the Nominal Defendant within 28 days of the accident
- Unidentified driver (hit-and-run) — written notice within 3 months of the accident
You must demonstrate that genuine steps were taken to identify the driver — a prompt police report is effectively essential. If you were involved in a hit-and-run, contact a lawyer within days, not weeks.
Accidents before 1 December 2017
MAIA applies to accidents from 1 December 2017 onwards. Accidents before that date are governed by the Motor Accidents Compensation Act 1999 (MACA), which has different time limits and claim processes. If your accident was before December 2017 and you haven't resolved your claim, seek urgent legal advice.
Frequently Asked Questions
What is the 28-day deadline for NSW car accident CTP claims?
Within 28 days of your accident, notify the CTP insurer of the at-fault vehicle of your intention to claim. This triggers entitlement to early provisional treatment funding — up to $5,000 for medical expenses — without waiting for fault to be determined. Missing this deadline does not end your claim but may result in losing access to this early funding. If you do not know which insurer holds the at-fault vehicle’s CTP policy, SIRA (the NSW regulator) can identify it from the vehicle registration number. Notification can be made directly with the insurer or through a solicitor acting on your behalf.
What happens if I miss the 3-month deadline for lodging a NSW CTP claim?
Under MAIA 2017, you must lodge a personal injury claim form within 3 months of the accident date. If you miss this deadline, you must provide a full explanation for the delay and demonstrate that the insurer is not prejudiced by the late lodgement. Late lodgements are accepted in practice where there is a reasonable explanation — medical incapacity, late diagnosis of injury, or genuine unawareness of the deadline. However, the insurer can dispute the late claim, and the matter may be referred to SIRA for determination, adding time and complexity. Earlier lodgement is always preferable to avoid this additional hurdle.
Is there a time limit on how long I can receive weekly income payments in NSW?
For minor injuries, statutory income payments cease after 26 weeks from the accident date. For non-minor injuries, income support continues for the duration of need, subject to ongoing review by the insurer and SIRA. Weekly payments are capped at a maximum amount set annually by SIRA (approximately $2,441 per week for 2026). Common law damages, if you qualify, are assessed separately as a lump sum and are not subject to these ongoing payment time limits. The transition from statutory benefits to a common law settlement requires careful timing and legal advice to avoid losing entitlements.