If you disagree with the CTP insurer’s decision on liability and cannot agree at a Compulsory Conference, then you will need to take your matter to court. If this is the case, you should seek legal advice immediately.
Personal Injury Lawyers Brisbane
Car Accident Claims
You have the right to pursue compensation
Do you need to make a car accident compensation claim? If you were injured in a motor vehicle accident due to the total or partial fault of another driver insured under a Compulsory Third Party (CTP) insurance policy, you may have a right to make an injury compensation claim against the CTP insurer of the vehicle at fault for the crash. If you were partially to blame for the crash, then you can still make a CTP claim but your compensation may be reduced.
At Seymour Furlong Lawyers in Brisbane, Gold Coast and Sunshine Coast, our car accident lawyers specialise in motor vehicle claims and can help you understand your rights and where you stand legally. We provide expert and up-to-date legal advice and assistance with all motor vehicle accident claims, including car, motorbike, truck and bicycle accident compensation claims. We are a No Win No Fee law firm.
You may have a right to make a car accident injury claim against the CTP insurer of the vehicle at fault for the crash.
What is CTP Insurance?
All Australian motorists must have CTP insurance by law, as this covers claims made against them for either injuring or killing somebody in an accident. If you’re injured in a motor vehicle accident and intend to make a compensation claim, you must prove the negligence of the other driver, as the CTP scheme is a common-law, fault-based scheme. CTP insurance only covers personal injury resulting from a motor vehicle accident and does not cover damage to property or vehicles.
CTP insurance only covers personal injury resulting from a motor vehicle accident and does not cover damage to property or vehicles.
Time Limits for Making a CTP Claim
Strict time limits apply to all CTP claims, so if you have been injured in a motor vehicle accident, it is advisable to speak with a car accident lawyer about your situation as soon as you can. You should also record your version of events as soon as possible in order to ensure your rights are protected.
Under the legislation, the notice must be given to the Nominal Defendant within three months if the vehicle cannot be identified. In all other cases, the notice must be given by whichever of these dates is the earliest:
– Within one month of the first consultation with your car accident solicitor.
– Within nine months of the crash or, if the symptoms are not immediately apparent, the first appearance of any symptoms or injury.
As strict time limits apply to all motor vehicle accident claims in Queensland, speak with a personal injury lawyer specialising in car accident claims so you know where you stand and the next steps to take. At Seymour Furlong Lawyers, our car accident lawyers are here to help you understand your legal situation and help you get the compensation you deserve to recover with dignity. Contact our offices in Brisbane and across Southeast Queensland for expert compensation claim advice today.
Steps for Settling a CTP Claim
In accordance with the Motor Accident Insurance Commission, there are eight steps to settling a CTP claim:
– You should complete your claim form and send it to the CTP insurer.
– Within 14 days of this, you should receive confirmation from the insurer that your claim was lodged correctly and whether the insurer intends to pay for any reasonable and appropriate rehabilitation.
– You should continue with your rehabilitation and treatment as normal.
– Within 6 months (although often earlier in straightforward cases), the insurer will make a decision on liability.
– If the insurer accepts liability, they will then obtain records and information to help assess your compensation.
– Your injury will stabilise or be resolved.
– You can negotiate and settle the claim with the insurer.
– When this has been agreed, your compensation claim will be finalised and paid.
Who Can Make Motor Vehicle Accident Claims?
A CTP claim can be brought by any of the following:
– Drivers who are not at fault
If the vehicle is unregistered or the registration has expired, motor vehicle accident claims can still be brought against the Nominal Defendant, who is taken to be a licenced insurer.
Car accident claims in CTP cases can still be brought in a hit and run circumstance where the registration details of the vehicle at fault are not known and a claim can also be brought when a defect in a vehicle causes an accident.
If the injured person was totally at fault or if no-one was at fault, then an injured person cannot claim compensation. If you’re unable to claim compensation for your car accident, then you’ll need to rely on sick leave, Centrelink benefits, Medicare and the public health system, unless you have private health insurance or income protection. Speak with a motor vehicle accident lawyer about your situation to determine whether you are eligible to make a claim for car accident compensation.
What You Can Claim
Claims for motor vehicle accident compensation are assessed on an individual basis, with the compensation received based on the type and extent of the injury, as well as the particular circumstances of the person injured.
Your car accident injury claim could include the cost of any medical treatment undertaken, rehabilitation cost, loss of income, the cost of care and general damages such as pain.
Since July 2016, someone seriously injured in a motor accident in Queensland can claim lifetime treatment, care and support under the National Injury Insurance Scheme (NIIS). By speaking to our motor vehicle accident lawyers as early as possible in the process, we will be able to help you understand what you can claim for in your individual circumstances.
If you are a relative or a dependent of somebody who was fatally injured in a car accident and the accident was either wholly or partially the fault of another person, you can make a CTP claim for loss or expenses. You may also be able to make a death dependency claim.
Legal Advice for CTP Claims
You are not required by law to have a car accident lawyer represent you for your CTP claim. However, it can be in your best interests to seek legal advice; particularly if your claim is disputed or complex.
You should speak to a legal representative as early as possible, but you can seek advice at any stage of the claims process. Contact us to arrange a consultation with one of our experienced No Win No Fee car accident lawyers at our offices in Brisbane and Southeast Queensland.
Frequently Asked Questions
The CTP claim form should be sent to the CTP insurer of the at fault vehicle, which can be identified online if you know the vehicle’s registration number, the date of the accident and whether it was registered in Queensland.
If the vehicle was registered elsewhere, you’ll need to contact the interstate authority. If you cannot identify the CTP insurer, then you can contact the Enquiry Line on 1300 302 568.
As all claims are assessed on individual circumstance, there is no set timeframe for how quickly your claim will be resolved. The more complex the case, and whether the case is contested, will have an impact on how long it takes before your case settles.
The treatments the insurer pays for in a successful CTP claim will depend on the nature of the injuries suffered. Rehabilitation will be paid for as long as the processes are reasonable and appropriate, are directly related to the injuries suffered and can be validated by receipts.
The CTP insurer will ask for information from your doctor and your employer, as information on your injuries and rehabilitation process is required to accurately judge the level of compensation you’re entitled to receive.
Your CTP claim is settled when the CTP insurer has decided liability. The full impact of your injuries has to be known and your injuries have to be stabilised.