Under the Motor Accident Injuries Act 2017, claims for statutory benefits and common law damages in New South Wales must be made within specific time limits. These rules apply to all motor accident claims, including those in regional areas like Bega. Understanding these deadlines is critical to preserving your right to compensation.
Statutory Benefits Time Limit
You must notify the at-fault driver’s insurer within 52 weeks of the accident to receive weekly income payments and treatment benefits. If your injuries are classified as threshold injuries (soft tissue injuries under MAIA s 1.6), benefits stop after 52 weeks unless you have a whole person impairment rating of 10% or more. This applies even if you haven’t reached maximum medical recovery.
Example: A pedestrian injured in Bega on 1 January 2025 must notify the insurer by 30 June 2025 to receive weekly payments. After this date, benefits stop unless there is a higher impairment rating.
Common Law Damages Claim Time Limit
For claims seeking compensation for pain, suffering or loss of enjoyment, you have 3 years from the date of the accident. This period starts when the injury occurs, not when you become aware of it.
Example: A cyclist injured in Bega on 1 March 2026 must file a damages claim by 3 March 2029. Delays beyond this date may result in losing the right to claim compensation.
Practical Steps to Take
To preserve your claim, take these actions:
- Notify the at-fault driver’s insurer within 52 weeks of the accident
- Keep medical records, accident reports and witness statements
- Document income loss and out-of-pocket expenses
- Seek medical attention promptly to establish injury dates
What Happens if You Miss the Deadline?
- Statutory benefits stop after 52 weeks
- Common law claims may be dismissed if filed after 3 years
- You may lose compensation for injuries that could have been claimed
When to Seek Legal Advice
If you’re unsure whether you’ve met the time limits, or if the insurer is disputing your claim, contact a legal professional. Claims in Bega or other regional areas may have unique considerations, such as access to medical specialists or local insurer practices.
The Motor Accident Injuries Act 2017 applies to all claims in NSW, including Bega. While time limits are the same across the state, the complexity of claims can vary. Always seek legal advice if you’re unsure whether you’ve met the deadlines for your specific situation.