How long after a car accident can I claim?

A person injured in a motor vehicle collision (a “Claimant”) has 6 months from the date of the collision in which to lodge a Motor Accident Injury Claim Form with the approved CTP Insurer of the driver of the vehicle who is primarily responsible for their injuries. In the case where the injured person is the passenger that could often be the driver of their vehicle.

The correct insurer can be identified by contacting the CTP Insurance Regulator (www.ctp.sa.gov.au or 1300 303 558). You will need to obtain a Vehicle Collision Report number from SA Police and a medical certificate from your treating GP.

Claimants must commence Court proceedings (a “Claim”), to preserve their claim for their damages arising from the accident, within three years of the date of the accident.  For example, if a Claimant was injured in a motor-vehicle accident on 31 January 2023 they must file a Claim for damages in either the Magistrates or District Court of South Australia on or before 30 January 2026.

Most often, damages Claims will have been settled out of Court with the insurer before that time limit arises.

If a Claim is not made within that time period then the Claimant must request the Court to grant an extension of time to file their Claim. There are strict prerequisites under the Limitation of Actions Act 1936 (SA) that must be met before the Court will exercise its discretion to extend the time. The main pre-requisites are that:-

• The Claimant has discovered a “material fact” about their Claim either at some time within 12 months before the expiration of the 3 year time limitation or after the expiry of the time limit but 12 months before the extension of time was applied for; or
• The failure to institute the Claim in time was a reasonable consequence of things said or done by the insured driver (or their insurer); and
• That in all the circumstances it is just to grant the extension of time.