CTP Lawyers – CTP Claims Guide

Compulsory Third Party (CTP) insurance is a mandatory insurance that covers individuals injured in a motor vehicle accident. It ensures that if you’re injured in an accident caused by another driver, you are entitled to compensation for your injuries. CTP covers medical expenses, rehabilitation costs, and, in some cases, loss of earnings.

Every registered vehicle owner in Australia is required to have CTP insurance. This insurance is crucial as it protects you and others in case of an accident, ensuring that victims are compensated without the need for lengthy legal battles.

Anyone who has sustained an injury as a result of a motor vehicle accident may be eligible to make a CTP claim. This includes:

• Drivers: If you were driving and were injured in an accident caused by another vehicle.
  
  
• Passengers: Passengers injured in any vehicle involved in the accident, regardless of which driver was at fault.
  
  
• Pedestrians and Cyclists: If you were a pedestrian or cyclist injured by a motor vehicle.

No matter the severity of your injuries or your role in the accident, you are entitled to claim income support payments and necessary medical expenses for up to six (6) months from the date of the accident. This includes compensation for lost wages due to time off work, reasonable medical treatment costs, and domestic care expenses.

If you were not primarily at fault or only partially at fault, and your injuries are non-minor, you may be eligible to claim beyond the initial six (6) months. Additionally, you could be entitled to a lump sum payout covering past and future loss of income, as well as compensation for pain and suffering.

Your eligibility for a CTP compensation payout depends on two key factors:

1. Fault: You must not be mostly or wholly at fault for the accident.
2. Injury Severity: Your injuries, whether physical or psychological, must be assessed as non-minor.

To determine if your injuries are classified as non-minor, you can contact our lawyers for a free eligibility check. Alternatively, within three months of submitting your Personal Injury Claim Form, the CTP insurer is required to assess your injuries. They will decide whether your injuries are minor or non-minor, which will determine if your statutory benefits continue beyond six months and whether you’re eligible for a payout.

If the insurer classifies your injuries as minor, you have the right to request a review within 28 days of their decision. We’ve successfully assisted hundreds of clients in overturning insurer decisions. Let us handle the process, removing the stress and uncertainty from this critical decision that impacts your future.

If you were not at fault and your injuries are assessed as non-minor, you will be eligible to receive a CTP compensation payout.

1. Obtain a completed Certificate of Fitness Capacity from your treating doctor or from the State Insurance Regulatory (SIRA) website.
   
   
2. Complete and submit an Application for Personal Injury Benefits form to the CTP insurer of the at fault vehicle. The form outlines the necessary requirements for acceptance. To identify the CTP insurer, you can contact SIRA or use the Service NSW app by entering the at-fault vehicle’s registration.

You must lodge your Application and certificate within three months after the date of the accident, or within 28 days if you want to claim back payment for lost earnings, from the date of the accident.  

The duration of a CTP claim depends on the nature of your injuries and how long it takes for them to medically stabilize. Here’s an overview of the typical timeline for receiving income support payments:

• Within 4 Weeks: Most claimants start receiving income support payments within the first four weeks of their claim.
• Within 13 Weeks: If payments don’t begin within the first month, it’s likely they will start within 13 weeks.
• After 14 Weeks: Only about 7% of claimants receive income support payments after 14 weeks.

Regarding medical treatment and care benefits, you may start receiving coverage even before lodging a formal claim. In 2021, 74% of claimants began receiving pre-claim support within the first month, while only 5% received it after the first month.

Beyond income support and medical expenses, the final payout of your CTP claim can take between 1 to 3 years to be resolved.

It’s important to remember that each motor vehicle accident affects individuals differently, and settling a compensation claim too quickly may not be in your best interest. For instance, if you require surgery, our experienced CTP lawyers may advise against settling your motor vehicle accident claim early to ensure the long-term impact on your work capacity is fully considered while you continue to receive income support and treatment benefits.

Learn about the best time to settle your personal injury claim here.

To lodge a CTP claim, you need to submit an Application for Personal Injury Benefits form to the insurer, along with supporting evidence and a medical certificate. If you want to claim back pay for lost earnings, you should file your claim within 28 days of the accident. Otherwise, you have up to three months from the accident date to lodge the claim.

A claim for common law damages (payout) can typically be made 20 months after the accident. However, if your injuries are assessed as having more than a 10% permanent impairment, you can submit the Application for Common Law Damages immediately after that determination, without waiting for the 20-month period. If your injuries are assessed as less than 10% permanent impairment, you must wait the full 20 months. Our CTP lawyers diligently prepare your payout claim so that it can be resolved shortly after the 20-month mark.

It’s crucial to apply to the Personal Injury Commission for a determination of your payout claim within three (3) years from the date of the accident. If you miss this deadline, you will need to provide an explanation for the delay. While you can apply before the 3-year limit, this is the maximum time allowed. If you were unaware of the 3-year time limit or missed it, our lawyers can assist you in providing an explanation to the Personal Injury Commission. We take pride in helping clients navigate these situations, particularly those who were self-represented and unaware of the deadlines.