Getting injured in a motor vehicle accident can happen to anyone. If you’ve sustained an injury as a result of a road accident, either as a driver, passenger or pedestrian you may be eligible to claim CTP insurance benefits to cover your losses.
In New South Wales it is mandatory that all vehicles have CTP or Compulsory Third Party Insurance. This means that if an accident occurs anyone who is injured in the incident may be eligible for claims benefits. Benefits can include a range of entitlements, including medical expenses, care expenses and income support payments. These payments are usually made by the CTP insurance company of the party at fault for the accident.
It is important to note that CTP insurance is intended to assist with recovery, not to cover other types of damage such as damage to the car, the car of the other driver or surrounding property.
Who is eligible to make a CTP insurance claim?
CTP insurance is intended to cover anyone who might have been involved in an accident. This is includes a wide range of scenarios and covers drivers, passengers, motorcycle riders, cyclists, and pedestrians.
While more limited, even at-fault drivers are covered by CTP insurance. At-fault drivers are eligible to claim personal injury benefits under their own vehicle’s insurance policy, while drivers who are not at-fault can claim under the CTP insurance of the other driver. If you were at-fault for the accident the claims benefits for things like lost income, treatment and care are capped at six months after the accident date.
What can you claim under CTP insurance?
CTP insurance is intended to assist with three main facets of injury recovery; medical and treatment expenses, care expenses and income support payments.
- Medical and treatment expenses: These will generally cover all treatment necessary to ensure that you recover from your injuries. They require a treatment referral from your GP and are capped depending on how severe your injuries are.
- Care expenses: Depending on the situation, some people may also be eligible for benefits related to their care expenses. These may include support services such as personal care or help around the home.
- Income support payments: Income support payments change over time and are capped by your pre-accident earnings. For the first 13 weeks this is up to 95% of your pre-accident earnings. After this it is up to 85% of your pre-accident earnings and ends after 6 months if you were mostly at fault or if your injuries were assessed as minor.
In addition to the above benefits if you weren’t the driver mostly at-fault and your injuries were assessed as non-minor you may also be eligible for a lump sum payout. A lump sum payout can be substantial and the only way to get support beyond 24 months after the incident. This lump sum can also include an amount for your pain and suffering if your injuries are assessed greater than 10% whole person impairment.
How to make a CTP claim
To make a CTP claim you must lodge an application with the CTP insurer of the vehicle mostly at fault for the accident. Time is very important when it comes to CTP insurance claims. If you are looking to get back-payment for any lost wages you need to do this within 28 days of the accident and you must lodge your claim within three months of the accident to receive other CTP benefits. If you are unsure or wish to lodge a claim for a lump sum payout then reaching out to a lawyer may be beneficial to ensure that you are getting the maximum out of your insurance claim.