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Motor Vehicle Accidents

Guide to Compulsory Third Party (CTP) claims in NSW

By LHD Lawyers

Being injured in a car accident is always a stressful experience, but a CTP claim can secure the compensation you need to get back on your feet and recover lost income. Here’s everything you need to know about filing a successful CTP claim in NSW.

What is a compulsory third party (CTP) claim?

A CTP claim is a payout that compensates anyone injured in an accident caused partially or entirely by another vehicle. It’s paid out of the compulsory third party insurance scheme required on all registered NSW vehicles, so anyone injured by an at-fault driver should be able to access the payout regardless of the driver’s financial situation.

Am I entitled to make a CTP claim?

Anyone injured in an accident involving a NSW-registered vehicle is eligible for a CTP claim. This includes:

  • Drivers
  • Pedestrians
  • Cyclists
  • Riders and passengers.

You can still make a CTP claim even if you were at fault in the accident, but your claim is less likely to be successful unless:

  • The other vehicle was uninsured
  • The other driver left the scene without giving any identifying information
  • Serious injury or death resulted from the accident.

Note: you cannot make a CTP claim if you were knowingly driving an uninsured vehicle, or if you have been charged with a driving offence in relation to the accident.

What can I claim on CTP Insurance in NSW?

Medical expenses CTP compensation should cover whatever treatment is necessary for your recovery, including psychological treatments. The CTP insurer will pay your treatment provider directly (this does not form part of your regular payments).
Care expenses If you require care during the recovery period, the CTP insurer will pay your care provider directly.
Lost income If you are unable to work, you are entitled to 95% of your normal income for the 13 weeks following the accident. You can continue to claim up to 85% for up to 6 months.

If you were not at fault and have suffered serious injuries that prevent you from working on an ongoing basis, you may be entitled to receive further benefits beyond 6 months.

 

Note: CTP claims cover personal injury only. You cannot claim for damage to a vehicle or property.

How much can I claim from a CTP payout?

CTP claims depend on many factors, such as the severity of your injuries and the amount of time you are forced to stop working. On principle, LHD Lawyers always pursue the maximum amount of compensation you are entitled to – so get in touch with us to find out how much your claim is worth.

CTP serious injury payout example

Our client received extensive injuries to their upper body after being rear ended by a minivan while stationary at a roundabout. The impact of the collision caused their vehicle to spin out into the centre of the roundabout. Initially, the third party insurer offered only $300,000 in compensation. Knowing this was insufficient, LHD negotiated a settlement of $403,758 – of which the client received $329,333 after legal fees.

What is the CTP claim process in NSW?

  1. Gather as much information as you can immediately after the accident (photos, identification etc.) as these will substantiate your claim.
  2. File a police report as soon as possible. This is both a legal requirement and necessary for the claims process.
  3. Get a medical assessment. Remember that motor accident injuries can worsen over ensuing weeks, so it’s important to visit a GP even if you think your injuries are relatively minor.
  4. Complete a claim form and submit it to the CTP insurer of the other party. This will include identifying information for the other driver and vehicle, medical information, and police report details.

LHD Lawyers have successfully navigated this process hundreds of times before, so contact us if you would like legal guidance in filing your claim.

Is there a time limit with a CTP claim?

You have 28 days from the date of the accident to file your CTP claim should you wish to be considered for income loss payments. You can file a claim that covers medical expenses alone up to 3 months from the date of the accident.

How long does it take to process a CTP claim in NSW?

Once you have submitted your claim, the insurer has four weeks to notify you whether they accept or deny it. If they accept the claim, they are required to start making payments within 14 days.

Within three months of lodgement, you will also receive a liability decision from the insurer, which states who is at fault and whether your injuries have been deemed minor or non-minor.

Remember that these timeframes can be inflated if either party denies or challenges the claim. Insurers often take steps to avoid liability or minimise your payments, and in these cases, it helps to have a personal injury lawyer on hand to protect your rights and avoid unnecessary delays.

Make a CTP claim in NSW today

LHD Lawyers help everyday Australians receive the benefits they are entitled to for CTP claims in NSW. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy. Call 1800 838 481 to arrange a consultation.

Contact our NSW CTP claim lawyers in Sydney, Newcastle, Macquarie, Taree, Coffs Harbour, Tamworth, Maitland, Erina and Dubbo for more information.

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