Set out the NSW explanation for a late motor-accident claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the accident date and the claim date, set out the late-claim tests in section 6.13 or section 6.14, as the lawyer says which claim it is. Draft the explanation only from facts the lawyer marks, and do not say the explanation is full and satisfactory.
- What the lawyer must review
- Decide whether the explanation is full and satisfactory, and which subsection applies.
- A statutory-benefits claim and a damages claim do not use the same late-claim test.
- The explanation goes to the insurer first where section 6.14 says so.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Motor Accident Injuries Act 2017 (NSW) sections 6.13 and 6.14
Produce. A late-claim note and a draft explanation confined to marked facts. No conclusion that the explanation is full and satisfactory.
Have ready. Accident date and claim date; Whether the claim is for statutory benefits or damages; Facts the lawyer marks for the explanation.
Example of the limit. Illustrative example: Statutory benefits are claimed 4 months after the accident. The tool sets out section 6.13(3) and leaves the explanation's sufficiency blank. It does not use the damages late-claim test.
Stop and hand it back when
- The lawyer has not said whether the claim is for statutory benefits or for damages.
- The accident date or the claim date is missing.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the accident date and the claim date, set out the late-claim tests in section 6.13 or section 6.14, as the lawyer says which claim it is. Draft the explanation only from facts the lawyer marks, and do not say the explanation is full and satisfactory. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A statutory-benefits claim is due within 3 months. If it is not made within 28 days, weekly payments are not payable for any period before the claim, unless the regulations permit. A late claim needs a full and satisfactory explanation and must meet subsection (3): within 3 years, or death, or permanent impairment greater than 10 per cent.
- Section 6.13(4) allows a Division 3.4 claim, where Workers Compensation Act Part 3 Division 3 compensation has been payable, within 3 months after that compensation ceases.
- A damages claim is due within 3 years. A late claim needs a full and satisfactory explanation given to the insurer first. Evidence of delayed symptoms may be included. The insurer loses the right to reject for delay in the 2-month circumstances in subsection (6).
- Guidelines clause 4.16: where the at-fault vehicle is unidentified or uninsured, a statutory-benefits claim must be made on the Nominal Defendant within 28 days to receive weekly payments from the day after the accident.
Sources
- Motor Accident Injuries Act 2017 (NSW) section 6.13 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) section 6.14 · 2026-10-23
- SIRA Motor Accident Guidelines Part 4 · 2026-10-23
The regulations that may change the 3-month and 3-year periods were not opened. Section 6.14(7), on a court dismissing late proceedings, was read and is not a step this version drafts.