If you are injured physically or psychologically in a motor vehicle accident that involves a car or any other vehicle you can make a CTP claim for personal injury benefits.
Step – 1 Submitting a CTP Claim
The first step is to make sure you report the accident to the police immediately if the police didn’t attend the scene of the accident.
The second step is to lodge the application for personal injury benefits and certificate of fitness for work on the at-fault vehicle insurer. A doctor needs to complete the Certificate of fitness for work.
You will need to find out the Green Slip insurer of the vehicle at fault and forward these above-mentioned documents to the at-fault driver’s insurer.
If the vehicle was uninsured and you cannot identify the vehicle that was most at fault you can still lodge the claim against the nominal defendant.
The application for personal benefits and certificate of fitness for work needs to be lodged within 28 days of the accident to make sure that you do claim for past loss of income.
The deadline for a CTP claim to be lodged for statutory benefits must be made within three months after the date of the accident.
If the above-mentioned documents are lodged late you will need to provide a full and satisfactory explanation for the delay, which might not be accepted.
Step 2 – Timeline for a CTP claim
You need to lodge the application for personal benefits and certificate of fitness for work (CTP Claim) within 28 days from the date of the accident.
The deadline for a CTP claim to be lodged for statutory benefits must be made within three months after the date of the accident.
You are entitled to 95% of your pre-accident weekly earnings during the first 13 weeks after a motor vehicle accident which then goes down to 80% in the case of a total loss of earning capacity or 85% in the case of partial loss of earning capacity.
If you disagree with any insurer’s decisions, the first step is within 28 days of receiving notice of the decision is to complete the internal review form and send it to the insurer and request the insurer complete an Internal Review.
Therefore, once an internal review is forwarded to the insurer within 28 days from notice, another person within the insurer’s office (who is not involved in the original decision) is asked to look and review the claim and the insurer’s decision and make a decision and provide a response.
Next step if you are still not satisfied with the insurer’s own review decision, you can lodge an application to the Personal Injury Commission (PIC) requesting a review of the Insurer’s decision.
Statutory Income benefits will cease after 26 weeks if the insurer can prove that you were mostly at fault or if your injuries are minor. However, Treatment benefits are still available for a person if they were at fault and their injuries were assessed as minor.
A Claim for Common law damages cannot be settled within 2 years of the motor accident unless your injuries have been agreed by the insurer to exceed 10% WPI (whole person impairment), or the PIC (Personal Injury Commission) has Assessed your injury at greater than 10%.
Claims for damages must be made within three (3) years of the date of the motor accident.
You will need to lodge a Damage Claim for lump sum compensation with the at-fault driver’s insurer or where the at-fault driver cannot be identified, to the Nominal Defendant. The Nominal Defendant will appoint an insurer, appointed by SIRA.
Under section 3.24 of the Motor Accident Injuries Act 2017 No 10, entitlements to statutory benefits for treatment and care will be ongoing so long as it is reasonable and necessary up to five years post the date of the accident.
Step 3 – Types of claims on CTP insurance
You can claim lump-sum compensation payouts by completing the application of damages and lodging it with the at-fault driver insurer. You will need to be a non-minor and not at fault to claim for this common law payout.
There are two types of damages that may be awarded as common law compensation for injury in a motor vehicle accident:
- Economic Loss
- Non-Economic Loss (pain and suffering)
Future medical costs cannot be claimed in a common-law claim for damages. Medical treatment and care provided, are part of the Statutory Benefits scheme (see above).
Entitlements to statutory benefits for treatment and care will be ongoing so long as it is reasonable and necessary up to five years post the date of the accident.
Learn about CTP insurance changes.
What does CTP Cover?
1. Economic loss
- Loss of earnings from the date of the accident if you make a claim within 28 days from the date of the accident. Earnings are paid every fortnight.
- Generally, for the first 13 weeks, you are entitled to 95% of the difference between your pre-accident weekly earnings and post-accident earning capacity.
- From weeks 14 to 78, you will be entitled to 85% of the difference between your pre-accident and post-accident earning capacity if you are partially incapacitated or 80% of the difference between your pre-accident and post-accident earning capacity if you are fully incapacitated.
2. Medical treatment that is reasonable and necessary including
- GP consultations
- Specialist consultations
- Psychological treatment and counselling
- Physiotherapy
- Surgical procedures
- Home and domestic assistance
- Travel expenses
- Personal aids such as orthotics and crutches
- Common law damages claim which includes pain and suffering and past and future loss of income.
Being injured is painful and stressful, hence let our team at Schreuders Compensation Lawyers provide you with legal advice in relation to your CTP claim. If you require any assistance, please do not hesitate to contact our friendly team at (02) 9261 1799.
What if I’m at fault?
When you are injured in a motor vehicle accident and lodge a CTP claim, you will be entitled to statutory benefits paid at 95% of your pre-accident weekly earnings during the first 13 weeks after a motor vehicle accident, which will reduce to 80% of your pre-accident weekly earnings in the event that you have a total loss of earning capacity or 85% of your pre-accident weekly earnings in the event you have a partial loss of earning capacity. You will also be entitled to medical treatment expenses that are reasonable and necessary. These statutory benefits will cease after 26 weeks if you are found to be at fault or if your injuries are minor.
If you are found to be partially at fault, then you may still be entitled to statutory benefits beyond 26 weeks, and we may look into a lump sum compensation claim for you depending on your injuries and circumstances. Hence let our team at Schreuders Compensation Lawyers provide you with legal advice in relation to your CTP claim. If you require any assistance, please do not hesitate to contact our friendly team at (02) 9261 1799.
Read about the new CTP green slip scheme here. Lodging for a CTP claim? Contact us today and find out how we can help you.