If you have been injured in a motor vehicle accident then you may be eligible to make a CTP insurance claim to help support you with your loss of income, medical and treatment expenses. CTP insurance is compulsory for all vehicles in NSW and is the main mechanism of support after an accident takes place.
What does the CTP claims process look like?
The following is a list of steps you should take after being involved in a motor vehicle accident, however, it is important to note that your top priority should always be the health and safety of you and those around you. This means that you should seek medical assistance as soon as you can to ensure that you are properly assessed and treated. With that in mind here is what the typical CTP claims process looks like:
- Swap personal and insurance details: Once the accident takes place, if you or the other party are not severely injured then it is always a good idea to swap personal and insurance details as soon as possible for your records. This will allow you to have them on file for your insurance claim and follow up on any additional information you require.
- Gather information on the accident: The extent of your insurance benefits are partly dependent on who was mostly at-fault for the accident, so it is important to have the proper evidence to argue your case. You should gather as much information as you can straight after the accident, taking photos of the scene and injuries, as well as getting the names and contact numbers of any witnesses.
- Report the accident to the police: By law you must report any crash involving an injury to the police. In addition, this will also be important to your claim. You can do this by visiting a police station or calling the police assistance line.
- Seek medical attention: As always your health and wellbeing should be one of your top priorities, which is why you should visit a doctor as soon as you can. Even if you don’t believe your injuries are serious, injuries can develop over time. Keeping these reports and the receipts for any medical expenses will also be important for when you make your claim.
- Complete a CTP claim form: To make your claim you will then need to lodge it with your insurer or if the person mostly at-fault was the other driver then with their insurer. To do this the most important information will be the registration number of the vehicle at fault, police report and medical expenses related to your injury. If you want to claim back-pay for your injury then the claim must be lodged within 28 days, otherwise you have up to 3 months to make your claim.
When should you contact a lawyer?
CTP insurance claims can be difficult to make on your own if you don’t understand your rights and entitlements. This makes going to a lawyer important if you want to understand how you can maximise the benefits you can claim from an accident. There are three main reason to contract a lawyer for a CTP claim:
- You want to maximise your insurance benefits. Ensuring that you are adequately compensated for your injuries can be difficult if you don’t understand what you are eligible to receive. A lawyer can help you understand what you are eligible for and how you can maximise your CTP benefits.
- You want to contest the level of support the insurance provider has approved. If the insurer has approved some of your claim but rejected other parts or you believe that you are entitled to more than they are giving you, then you might wish to contact a lawyer to contest the outcome.
- You want to contest that you were found at-fault for an accident. If you were found mostly at-fault for the accident but do not believe that this should be the case, then a lawyer can help advise you on the prospects of contesting the insurer’s decision.
- You wish to pursue a lump sum claim. If you were found not at-fault for the accident and have non-minor injuries then you may be eligible for a significant lump-sum payout. This process can be difficult, which is why it is important to have the proper legal advice to maximise your chance of success.