Your Obligations

Freeway

Your Obligations

Your statutory obligations for reporting a crash, or making an injury insurance claim for a crash, are set out in legislation.

When dealing with the Insurance Commission on a claim you are required to:

  • provide honest and factual information to comply with your legal obligations;
  • complete and return required forms and provide information so we can manage your claim; and
  • attend medical examinations and any settlement conferences as required.

It is a criminal offence to provide false or misleading statements and information.

Limitation Periods

The Motor Vehicle (Third Party Insurance) Act 1943 requires an injured person to make a claim for compensation as soon as practicable following a crash.

The Insurance Commission may not receive notice of a claim until many years following the crash. A personal injury claim is subject to a time limit. If legal proceedings have not been commenced prior to the time limit you may lose right to claim compensation.

The Limitation Act 2005 governs the statutory time limits to commence civil proceedings including personal injury claims and fatal claims arising from motor vehicle crashes.

The Limitation Act was introduced to:

  • Protect defendants from claims relating to incidents that occurred some time ago for which there may be no or little recollection and/or no records;
  • Encourage plaintiffs to resolve disputes as quickly as possible rather than delay matters; and
  • Assure defendants that after a fixed period of time no action can be commenced relating to a particular incident.

The limitation period for a personal injury claim for a legally competent adult commences from when that person is aware they have sustained an injury. This usually the date of the crash.

What are the fixed time limits to commence legal proceedings in a personal injury claim?  

Section 14(1) provides that an action for damages for personal injury cannot be commenced if three years have elapsed from the date the person is aware of the injury. This is generally the date of the crash.

Section 14(2) provides that an action under the Fatal Accidents Act 1959 relating to the death of a person cannot be commenced if 3 years have elapsed since the death.

Section 30 provides that a person under 15 years has six years to commence proceedings.

Section 31 provides that a person above the age of 15 years but below the age of 18 years can commence proceedings up and until they turn 21.

Section 33 provides that where the defendant is in a close relationship with a person under 18 the limitation period is extended to age 25.

Section 35 provides a limitation period of 12 years where the person is under a mental disability and without a guardian.

Section 36 provides that where the defendant is in a close relationship with a person with a mental disability the limitation period is three years after the relationship ceased.

Section 39 provides that a Court may extend the time to commence actions for personal injury or under the Fatal Accidents Act 1959 even though the limitation period has expired.

Section 41 provides that a Court may extend time to commence an action by a person under 18 with a guardian even though the limitation period has expired.

Section 42 provides that that a Court may extend time to commence an action by a person with a mental disability with a guardian.