Time limits for making a CTP claim under the Motor Accident Injuries Act 2017
Under the Motor Accident Injuries Act 2017 (MAIA), a claim for statutory benefits must generally be made within two years of the motor accident. This two-year time limit applies across NSW, including in Greater Sydney, and is a strict deadline that may prevent a claim from being accepted if not met. The time starts running from the date of the accident, not from when symptoms first appear or when treatment begins.
This time limit applies to all claims for statutory benefits under MAIA, including treatment and care benefits, weekly income payments, and lump sum payments for permanent impairment. It does not apply to claims for damages under common law, which have a separate and longer time limit of three years from the date of the accident.
How the MAIA time limit differs from other NSW laws
The two-year time limit under MAIA is different from the time limits that applied under the former Motor Accidents Compensation Act 1999 (MACA). Under MACA, claimants had up to three years to make a claim for statutory benefits, but this was replaced by the MAIA framework on 1 December 2017. For accidents occurring on or after that date, the MAIA time limit applies.
The Civil Liability Act 2002 does not set a time limit for CTP claims. Instead, it provides the legal framework for common law damages claims, which are subject to a three-year limitation period. This means that while a claim for damages may still be made up to three years after the accident, a claim for statutory benefits under MAIA must be made within two years.
Practical steps and evidence that matter
To meet the two-year deadline, claimants should take the following steps as soon as possible after the accident:
- Seek medical attention and keep all records, including diagnosis, treatment plans, and progress notes.
- Notify the insurer of the CTP insurer within 28 days of the accident, as required under the Motor Accident Injuries Regulation 2017.
- Preserve any evidence from the accident, including photographs of the scene, vehicle damage, and witness contact details.
- Keep records of lost income, out-of-pocket expenses, and any costs related to the injury.
SIRA, the State Insurance Regulatory Authority, confirms that claimants must act promptly and provide evidence to support their claim. Failure to notify the insurer within 28 days may affect eligibility for benefits, although this does not override the two-year deadline for making the claim.
What happens if the time limit is missed?
If a claim is not made within two years of the accident, the CTP insurer may refuse to accept it. However, SIRA allows for an application to the Civil and Administrative Tribunal (NCAT) to extend the time limit in exceptional circumstances. These may include:
- A serious mental health condition that prevented the claimant from understanding or acting on their rights.
- A significant delay in receiving a diagnosis that was not reasonably foreseeable.
- A failure by the insurer to provide clear information about the claim process.
An application to NCAT must be made within 28 days of the original deadline. The claimant must provide evidence to support the reason for the delay, such as medical reports, correspondence with the insurer, or a statement from a legal practitioner.
When to seek legal advice
Time limits for CTP claims are not flexible. A delay of even a few days beyond the two-year mark may result in the claim being barred. This is particularly important in Greater Sydney, where motor accidents are frequent and claimants may face pressure to return to work or resume daily activities before seeking medical or legal advice.
A claimant should seek advice from a legal practitioner as soon as possible after the accident, especially if:
- The injury is not immediately apparent.
- The claimant has been involved in a dispute with the insurer.
- The claimant has a pre-existing condition that may affect the claim.
SIRA notes that legal advice is not required to make a claim, but it can help ensure that the claim is made on time and that all available benefits are accessed.
Hypothetical example
A pedestrian in Sydney’s inner west was struck by a car in a car park on 15 March 2024. The injury was not severe at the time, but the person began experiencing chronic back pain six months later. The claim was not made until 14 March 2026. The two-year time limit under MAIA expired on 14 March 2026. As the claim was made on the same day, it would be accepted. If it had been made on 15 March 2026, it would have been too late.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.