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.

The Three Key Deadlines
  • 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.

Michael Singh
Principal · AMK Lawyers