This is where the CTP “green slip” insurance required on every registered motor vehicle in New South Wales comes into effect. You may be able to claim compensation through the CTP insurer for the motor vehicle which caused the injury, for injuries you sustain in a motor vehicle accident.
What you can claim and how you proceed with the claim will depending on whether your accident took place before or after 1 December 2017.
The information provided in this article is general information only which relates to both pre or post 1 December 2017 accidents. It is therefore important that you speak with our accredited specialist in personal injury (motor vehicle) compensation to ensure that you know your rights and obligations.
When a motor accident happens you must attend to the following matters:
- Take down the registration number of the vehicle that you think caused the accident
- Take down the details of the CTP insurer of the vehicle that you think caused the accident
- Take down the details of where you were injured and the injuries
- If the police arrive take down the police event number
- Make a formal report of the incident to the police within 28 days of the accident
- See your GP as soon as possible after the accident to report your injuries
- Complete a personal injury claim form and send it to the CTP insurer within the correct specified time – (3 or 6 months depending on date of accident)
Once you have completed and lodge the claim form, the insurer must do the following:
- confirm they have received your form
- give you a claim number
- give you the name and phone number of the person who will handle your claim
The insurer may:
- review the police report
- review reports from your doctors
- arrange for you to be medically assessed by a specialists
The insurer can accept your claim and:
- pay your hospital, medical, rehabilitation and travel costs.
- reimburse you for treatment and other costs you have paid yourself
If the Insurer denies your claim, you will may be able to dispute their decision. In the meantime, you will have to pay all your medical costs, and claim part or all from Medicare or your own private health or other insurance in the meantime.
Once you have recovered from your injuries the insurer will make you and offer to settle your claim in full which may include:
- money to cover losses arising from your injuries, such as:
– future treatment costs for future
– past and future loss of income.
– payment for pain and suffering.
Once you accept the offer, your claim is finalised and you cannot make any further claim from the insurer for the injuries so it is important that you speak to a lawyer before accepting any offer
- You may be able to claim a range of benefits including:
– treatment, rehabilitation and care expenses
– economic loss (past and future loss of income)
– pain and suffering (non-economic loss)
– financial hardship
- An injured person can include:
– the driver
– someone else driving your vehicle
– driver and passengers in another vehicle
– motorbike riders and pillion passengers
– cyclists, pedestrians and other road users
- Special provisions apply to making a claim if a close relative dies in an accident. A close relative could be:
– a husband, wife or partner,
– a brother or sister
– a parent or a child
- Children under 16 and people who suffer severe injuries such as brain injury are automatically covered no matter who is at fault.
- If there is a ‘blameless’ accident, such as if the motor vehicle has an unexplained failure or the driver suffers a stroke, an injured person may be covered for their injuries.
- Where the driver at fault cannot be identified or the car is unregistered and therefore uninsured, an insurer will be assigned to take on the responsibility for the claim through the Nominal Defendant scheme
People who suffer serious injuries in a motor accident may be able to make a claim for lump sum compensation, known as common law damages depending on whether the accident occurred before or after 1 December 2017.
- Claims for common law damages must be made within three years of the date of the motor accident.
- If your injuries are assessed by a medical expert as being 10% or less ‘whole person impairment’, you must make your claim between 20 months and three years after the accident.
- If your injuries are assessed by a medical expert as being more than 10% ‘whole person impairment, you can make your claim any time.
- You may be able to claim damages for economic loss (past or future loss of earnings or reduced ability to earn).
- You may be able to claim damages for non-economic loss (pain and suffering and reduced quality of life)
You will only be able to receive payments of weekly income for a maximum of two years, unless you make a common law claim for damages and the amount you receive will depend on your level of permanent impairment, whether more or less than 10%.
Navigating through the Motor Accidents scheme is complex and difficult and we do not recommend that you attempt to deal with the insurer on your own. Also, strict time limits apply to making a motor vehicle accident claim. We are here to help you with any matter or dispute relating to your motor vehicle accident.
Disclaimer: This fact sheet provides general information and does not provide legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to a court.