When is the deadline for motor accident common law damages claim (act: 5 years)?
The catalogue records a 5 years period from the day the injury happened. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 5 years
- Trigger
- the day the injury happened
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- No discretionary extension is available. Limitation Act 1985 (ACT) s 36 (5): "this section does not apply in relation to a cause of action to which any of the following applies: (a) section 16AA (Motor accident claims); (b) section 16B (Other claims for damages for personal injury); (c) the Civil Law (Wrongs) Act 2002, part 3.1 (Wrongful act or omission causing death)". Limitation Act 1985 (ACT) s 30 (disability) still applies.
- Applies to a motor accident claim under the Motor Accident Injuries Act 2019 (ACT) ch 5. A note to s 16AA records that under that Act, s 166, a person who has had a whole person impairment assessment has 3 months from the latest of the stated dates to make a motor accident claim. The 5-year period is longer than the general 3-year ACT personal injury period. Corrected on verification: the researched entry cited Limitation Act 1985 (ACT) s 36 (2) as an available extension. Section 36 (5) (a) expressly excludes a cause of action to which s 16AA applies, so the 5-year motor accident period cannot be extended under s 36.