For 20 years the motor accident legislation enabled a claim to be made within 6 months of the date of the accident. Under the new scheme however you have only 3 months to make a claim.
Under the previous legislation you could make a late claim at any time as long as you provided a full and satisfactory explanation for the delay. Under the new legislation you still have to provide a full and satisfactory explanation for the delay but you cannot make a claim at all after 3 years (unless you have a whole person impairment of greater than 10% or it is a death claim).
If you get your claim in within 28 days of the date of the accident, the insurer must pay you for your earnings lost in those first 28 days. If you do not make your claim within 28 days the insurer does not have to pay you for your income lost in those first 28 days. There appears to be no discretion so if your claim is late, the Insurer will pay for lost income after the date of lodgement but not before.
While we understand the government wants to encourage people to lodge claims early, this provision operates unfairly in the absence of a discretion. What of, for example, the injured person who is seriously injured and hospitalised for the first month after the car accident?
Therefore, if you are employed and losing income as a result of the accident do not hesitate, lodge your claim as soon as you can. If you are not employed, you are still entitled to treatment and care related to your accident related injuries and again I would urge you to get your claim in as soon as you can.