If you've been injured in a motor vehicle accident in New South Wales (NSW), you may be eligible to lodge a Compulsory Third Party (CTP) compensation claim. This process allows you to seek compensation for your injuries, medical expenses, and other compensation.
STEP ONE
1
Seek Medical Attention
After an accident, your health and well-being should be the top priority. Ensure that you seek immediate medical attention, even if your injuries appear minor. It is important to have a contemporaneous record of your injuries. Some injuries might not be immediately evident and as such it is important that you are properly assessed by a doctor.
You should ask the doctor or hospital to complete the Certificate of Capacity and Fitness.
It is important to pay particular attention what your doctor writes on the Certificate of Capacity and Fitness. Doctors will often use the term WHIPLASH to cover anything from just a bit of neck pain to a serious neck injury which may require surgery. You injuries and any symptoms must be noted carefully.
Report the Accident
Contact the police and report the accident as soon as possible.
If the police did not attend the accident or you haven't already done so, contact the Police Assistance Line on 131 444 to report the car accident as soon as possible. Ask the Police for a 'Police Event Number'. If the Police decline to take a report, make a note of the date and time of your call as you will need to explain this to the CTP insurer in due course.
The report to the Police must be made within 28 days of the accident.
STEP TWO
2
STEP THREE
3
Gather Information
Collect as much evidence as possible to support your claim. This includes:
All of the above will help with your claim.
Lodge Your Claim
If you've been involved in a motor vehicle accident in New South Wales you may be eligible to make a CTP compensation claim.
To kickstart the claims process, you should complete the Application for Personal Injury Benefits and arrange for your treating doctor to complete the Certificate of Capacity and Fitness.
These documents are required to open your claim with the CTP insurer of the vehicle at fault for the accident.
Your treatment providers will ask you to provide a claim number. You must lodge your claim with the CTP insurer for the vehicle at fault in order for a claim number to be generated.
One common mistake made by treating doctors when completing the Certificate of Capacity and Fitness is only to list physical injuries, overlooking the significance of psychological and psychiatric injuries. It is crucial to remember that mental health conditions are equally important, and any psychological symptoms should also be noted under the “injuries” section.
The Certificate of Capacity and Fitness plays a critical role in assessing your injuries, treatment requirements, and capacity to work or engage in daily activities. It is important your doctor takes the time to accurately record ALL of your injuries and ongoing symptoms.
Along with your completed Application for Personal Injury Benefits you should also submit to the CTP insurer of the vehicle at fault any supporting documents. This may include receipts for medical expenses, income loss statements and other relevant evidence that substantiates your claim.
STEP FOUR
4
Get the compensation you deserve with a successful CTP Claim. Navigate the complexities with ease and support with CTP Claim Guide & Stacks Goudkamp.
You will need to cooperate fully with the CTP insurer throughout the claims process.
This means providing any additional information or documentation they request promptly.
Stay in contact with them and keep your personal injury lawyer informed about all communications.
It may well be that the insurance company will at some stage carry out an investigation with respect to the circumstances of your accident. You should not make any statement to an investigator/loss assessor/any other representative of an insurance company relating to the circumstances of your accident.
Time limits are in place for lodging an Application for Personal Injury Benefits.
The Application for Personal Injury Benefits form must be submitted to the CTP insurer you hold responsible for the accident within 28 days of the date of the accident. Failure to meet this deadline may result in the CTP insurer refusing to back pay your wages from the date of the accident unless a satisfactory explanation for the delay is provided.
If the initial 28-day deadline has passed and a satisfactory explanation is not available, there is still an opportunity to lodge the Application for Personal Injury Benefits within three months from the date of the accident. However, it is important to note that the insurer will only be required to pay lost wages from the date they receive the claim, rather than backdating it to the accident date.
No.
Some people are able to make a CTP compensation claim themselves and have no problems at all with the CTP insurer. Others have difficulties from the moment they make the claim.
While it is possible to navigate the CTP claim process on your own, we recommend that you seek legal advice in order to ensure you that your rights are protected, the insurance company is acting in your best interests, and you are not under compensated for your injuries.
Yes.
If the at the vehicle was uninsured or if the vehicle cannot be identified (such as a hit and run accident) you can lodge your claim on the Nominal Defendant through SIRA who will allocate your claim to one of the CTP insurers to manage.
Get the compensation you deserve with a successful CTP Claim application. Navigate the complexities with ease and support with CTP Claim Guide & Stacks Goudkamp.
Submit the form below and we will have one of our expert CTP lawyers reach out to learn more about you and your circumstances and see if you are eligible. Start the CTP claim process now to get the compensation you deserve.
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