Record the time for a Queensland notice of accident claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the accident date and the scheme the lawyer names, calculate the section 37 notice dates, and the section 131 dates if the lawyer says the claim is an application for workers' compensation. Do not decide that a late notice is barred.
- What the lawyer must review
- Confirm the accident date and which scheme applies
- Keep the 3-month Nominal Defendant date separate from the 9-month bar
- A late motor-accident notice can still be required, with a reasonable excuse
- Section 131 is an application for compensation, not the damages notice
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland notice of accident claim, or an application for workers' compensation if that is the claim the lawyer identifies
Produce. A date calculation for the notice the lawyer names, with no conclusion that a late notice is barred.
Have ready. The accident date, and the first symptom date if symptoms were not immediate; Whether the vehicle is unidentified; The date a lawyer was first consulted, or the date the entitlement to compensation arose.
Example of the limit. Illustrative example: The draft treats day 100 as the end of an unidentified-vehicle claim. The lawyer keeps the 3-month date, and treats the claim against the Nominal Defendant as barred only if notice was not given within 9 months.
Stop and hand it back when
- The scheme has not been identified.
- The draft says a late notice cannot be given.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the accident date and the scheme the lawyer names, calculate the section 37 notice dates, and the section 131 dates if the lawyer says the claim is an application for workers' compensation. Do not decide that a late notice is barred. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Motor Accident Insurance Act 1994 section 37(2): if the notice goes to the Nominal Defendant because the vehicle cannot be identified, it is given within 3 months after the accident. In any other case, it is given on the earlier of two days. The first is the day 9 months after the accident or, if symptoms were not immediately apparent, the first appearance of symptoms. The second is the day 1 month after the claimant first consults a lawyer about the possibility of making a claim.
- Section 37(3): if notice is late, the obligation continues and a reasonable excuse must be given. If the vehicle cannot be identified and notice is not given to the Nominal Defendant within 9 months, the claim against the Nominal Defendant is barred. Keep that bar separate from the 3-month date.
- If a law practice is retained, section 37(1)(d) requires the law practice certificate. If two or more vehicles were involved, the insurer that receives the notice gives a copy to any other insurer within 7 days. That copy is the insurer's step.
- If the lawyer identifies an application for workers' compensation rather than a notice of accident claim, Workers' Compensation and Rehabilitation Act 2003 section 131 applies. The application is valid only if lodged within 6 months after the entitlement arises. If it is lodged more than 20 business days after the entitlement arises, the insurer's liability is limited to a period starting no earlier than 20 business days before lodgement, unless the injury results in death. The insurer must waive section 131(1) if a medical assessment tribunal decides that special circumstances of a medical nature exist. The insurer may waive it in the further cases in section 131(5) and (6), including mistake, absence from the State, or a reasonable cause. The tool does not decide that a waiver applies. This is not the section 275 damages notice.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Limitation and notice diary procedure | Policy | AI use Yellow | Firm procedure for recording limitation and pre-action notice dates on a plaintiff injury file. |
| Notice of accident claim, non-fatal injury (MAIC Form F1) | Form | AI use Yellow | Link to MAIC Form F1 V8 Oct 2022, the Notice of Accident Claim Form (Non-Fatal Injury). |
| TAC online claim lodgement: what to gather and when the claim is lodged | Form | AI use Yellow | Guide to the Transport Accident Commission's online claim form: the 12-month lodgement period, the documents the form asks for, and the rule that a saved draft is kept for 10 days. |
| Request that the Transport Accident Commission accept a late Part 3 claim | Letter | AI use Yellow | Letter asking the Transport Accident Commission to accept a Part 3 claim made after one year and before three years, setting out the grounds for the delay. |
| Queensland Notice of Accident Claim: time, service and a reply to noncompliance | Checklist | AI use Yellow | Checklist for a Queensland CTP Notice of Accident Claim, and a short reply when the insurer says the notice does not comply. |
| WorkSafe worker's injury claim form: completion guide | Form | AI use Yellow | Guide to the WorkSafe worker's injury claim form, in myWorkSafe or as a PDF, including the certificate of capacity, the signed medical authority and declaration, and mental-injury rules from 31 March 2024. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Motor Accident Insurance Act 1994 (Qld) section 37 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) section 131 · 2026-10-23
Do not collapse the 3-month Nominal Defendant date, the 9-month bar, and the ordinary 9-month or 1-month period into one date.
Section 131(5) allows a waiver where a doctor, nurse practitioner or dentist has assessed total or partial incapacity and the application is lodged within 20 business days after the first such assessment. The lawyer decides whether that is met.
The date of the accident, and the date symptoms first appeared, come from the lawyer. The tool does not invent them.