The New South Wales (NSW) Compulsory Third Party (CTP) insurance scheme provides financial assistance to individuals who suffer injuries due to a motor vehicle accident. This article details the processes involved in a NSW CTP claim by presenting a real-life case study.
Our client was driving his car on a busy Sydney street when he was rear-ended by another vehicle. The accident resulted in significant damage to his car and left him with multiple injuries, including a fractured lower back, whiplash, shoulder injuries and psychological distress. The police were called to the scene and conducted an investigation into the circumstances of the accident.
Due to the severity of his injuries, our client was transported to hospital via ambulance. After discharge, he was advised to visit his general practitioner (GP) for continued treatment and documentation of his injuries.
LawAdvice lodged a CTP claim with the at-fault driver's CTP insurer on behalf of our client. The insurer initiated an investigation into the claim, which involved reviewing the police report, inspecting the damage to both vehicles and collecting witness statements. In accordance with our client’s obligations under The Motor Accident Injuries Act, we provided a certificate of capacity, so our client was able to receive weekly benefits and treatment expenses.
The insurer determined that our client’s injuries were a direct result of the accident. They duly accepted liability for the claim and accepted that he had suffered what is termed a “non-threshold” injury (fracture to the lower back) that in turn entitled him to make a common law claim.
Once liability was accepted, we gathered evidence in support of lost wages, and general damages, such as pain and suffering. We also consulted medical experts to evaluate the ongoing impact of our client’s injuries on his ability to work and lead a normal life.
After careful evaluation of the claim, the insurer made an offer to settle our client’s common law matter. We reviewed the offer and engaged in further discussions with the insurer in order to negotiate a higher compensation amount. Both parties ultimately reached a settlement that adequately compensated our client into the future.
Once the settlement was agreed upon, the insurer paid the compensation amount within 4 weeks of the settlement and the claim was thereby concluded.
This real-life case study sets out the general steps involved in a NSW CTP claim. Seeking immediate medical attention, lodging the claim promptly, and responding to the insurer's requests for documentation in a timely fashion are essential for a smooth process. Engaging a legal representative can also help claimants navigate negotiations with the CTP insurer to ensure fair compensation.