As of 1 December 2017, new legislation by the State Government overhauled the existing CTP scheme, providing major changes to motor accident compensation claims. We provide this article to assist you in better understanding the new scheme and how it may affect you. The following applies for any motor vehicle accident which occurred on or after 1 December 2017.
The First Six Months
A person who has been injured in a motor vehicle accident can now make a claim even if they are considered to be ‘at-fault’. However, this does not apply to anyone who has committed a serious driving offence. Under this new scheme, an injured person may make a claim for payment of reasonable and necessary treatment expenses, along with payment of a weekly wage if they are prevented from working as a result of their injuries.
If you are found to be at-fault, your entitlements will cease at six months. However, often it is not clear who is to blame for causing a motor vehicle accident. Even if an insurer has determined that you are the at-fault party, you may wish to dispute this. Adams and Partners Lawyers can assist you with this.
If you are not considered to be at-fault, your entitlements may still cease after six months if the insurer determines you have suffered a ‘minor injury’ which can include:
- Soft tissue injury
- Minor psychological injury including stress and adjustment disorder
Again, you may wish to dispute the insurer’s finding that your injury is a ‘minor injury’. Adams and Partners Lawyers can assist you with this.
After the First Six Months
If it is agreed or determined that your injury is more than a ‘minor injury’ you may receive up to two years of weekly payments if you are assessed as suffering up to 10% whole person impairment. This can be extended to three years if you are also pursuing a claim for ‘damages’.
If you are assessed as suffering 11% whole person impairment or higher, you may receive weekly payments for up to five years if you are pursuing a claim for ‘damages’.
A Claim for ‘Damages’
If your injury is serious enough, and you are assessed as suffering 11% whole person impairment or higher, you may make a claim for ‘damages’. This is essentially a claim for lump sum compensation which finalises your claim.
Under the new scheme, an injured person is only eligible to claim economic loss and pain and suffering. This is substantially less than a damages claim under the old scheme (that is, any motor vehicle accident that occurred before 1 December 2017). However, your entitlement to make a claim for damages may still be substantial, and we specialise in ensuring your lump sum payment is maximised.
How we can help you
There are strict time restrictions for making a motor vehicle accident claim. A claim generally needs to be lodged with the insurer three months after the accident, although this can be extended in certain circumstances.
We can assist you with a number of disputes or claims, some examples include, but are not limited to:
- If an insurer refuses to accept your claim because it is lodged more than three months after the accident;
- If an insurer denies overall liability of your claim;
- If an insurer refuses to pay for certain medical treatment;
- If an insurer refuses to pay you a weekly wage;
- If an insurer accepts liability of your claim, then later determines you are at-fault;
- If an insurer determines you are under 11% whole person impairment;
- If you are eligible to make a claim for damages, we can ensure your lump sum claim is maximised.
If you think you may be entitled to make a claim for compensation, do not delay in contacting us. We are happy to provide a free initial consultation to discuss your entitlements and obligations under the CTP scheme.