Who can make a CTP claim in New South Wales?
If you have been injured in a motor vehicle accident, you may be entitled to compensation. You can make a claim for compensation if you are a car or truck driver, a passenger, a motorcycle rider, cyclist, public transport passenger or a pedestrian.
If you have lost family member due to a fatal road accident which occurred because of someone else’s negligence, you may also be eligible to receive compensation and funeral expenses can be claimed without proof of fault or negligence for death arising from all accidents on or after 1 December 2017.
For accidents which occurred before 1 December 2017, some benefits, damages or compensation may be able to be claimed even if the accident was your fault, partly your fault and even if no person was at fault of negligent.
For accidents which occurred on and after 1 December 2017, benefits, including wage loss and medical treatment expenses are payable. Depending on when the incident occurred, these benefits are payable for a period of 6 to 12 months to all persons injured in a motor vehicle accident whether they are at fault or not. A claim for additional and/or continuing benefits or damages will require proof of fault and proof that the injuries sustained are more than a ‘threshold injury’.
The types of injuries that can be sustained as a result of a motor vehicle accident can include whiplash, spinal damage, brain damage, psychological trauma, any pre-existing conditions that have been worsened and a host of muscular, skeletal and psychological related injuries. You may be entitled to compensation for your out-of-pocket medical expenses, time off work, loss of earning capacity, any requirement for assistance and care at home including equipment and home modifications and loss of enjoyment of life or pain and suffering.
A motor vehicle accident claim can arise from different circumstances – including accidents involving construction plant or machines such as graders, backhoes or bobcats or recreational vehicles such as off-road vehicles or dirt bikes, even if the accident doesn’t occur on a road. The accident may occur on private property or on a construction site and even if the vehicle is unregistered a claim may still be available.
Strict time limits apply as to when a claim must be made on the CTP Insurers of vehicles involved in an accident. That time limitation is 3 months for accidents occurring on and after 1 December 2017, however it is best to lodge your claim within 28 days of the accident where possible.
A person with injuries, which are not classified as a threshold injury, and who can prove their injuries were caused by the negligence or fault of another driver, may be entitled to claim damages for past and continuing wage loss or loss of earning capacity to retirement age and sometimes beyond that age. If a person is assessed as having a whole person impairment greater than 10%, they may be entitled to claim damages, up to a maximum of $605,000 pain and suffering (as at 1 October 2022), emotional distress and loss of enjoyment of life.
Such persons may also be entitled to payment, for life, of their reasonable and necessary treatment expenses, personal care, domestic assistance, and travel expenses incurred because of an injury.
If you have been involved in a motor vehicle accident and need advice, we offer No Win - No Fee agreements and a free, initial consultation to discuss your claim. Reach out to our friendly team today - we are here to help.