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When is the deadline for maia notice of accident claim to the nominal defendant (unidentified vehicle)?

The catalogue records a 3 months period from The motor vehicle accident. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
3 months
Trigger
The motor vehicle accident
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.

  • The obligation to give notice continues with a reasonable excuse for the delay (s 37(3)), BUT there is a hard outer limit: if the vehicle cannot be identified and notice is not given to the Nominal Defendant within 9 months after the accident, the claim against the Nominal Defendant is barred (s 37(3)). Treat the 3 months as the operative deadline and the 9 months as an absolute bar.
  • Flag prominently. This is the shortest pre-court notice period in the Queensland personal injury regimes and the consequence of missing the 9-month backstop is extinguishment of the claim against the Nominal Defendant.

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