Compulsory Third Party (CTP) Claim Guide NSW
If you’ve been injured in or because of a motor vehicle accident in New South Wales, you may be entitled to personal injury compensation under the CTP scheme. The CTP payout paid to you can be a significant help when the future appears grim, and you feel uncertain about how much time you will have off work because of your injuries from the accident. If your injuries are determined to be ‘non-minor’, a lump sum payout can reduce the financial impacts associated with your ongoing injuries. The CTP compensation benefits and payout may include:
If you’ve suffered injuries as a result of a car accident, and you feel uncertain about your future, read our simple guide below. It explains your rights when making a CTP claim, CTP claims processand tips on how to ensure that you claim all of your entitlements and not miss out on claiming the maximum CTP payout in NSW.
Our experienced CTP claim lawyers have proudly been supporting our clients claim their entitlements for years throughout NSW. If you think you are entitled to the CTP benefits for more than 6 months (if your injuries are non-minor injuries for example) our CTP lawyers can provide you with valuable advice and/or representation. This type of guidance will assist you to know where you stand. Our senior CTP lawyers can help you with your CTP claim regardless of where you reside in NSW.
What is a CTP claim in NSW & who can make a claim?
A CTP claim is an insurance claim that can be made by you if you have been injured because of a motor vehicle accident and suffered injuries as a result of that accident.
As you are aware, it is compulsory for all registered vehicles in NSW to have CTP insurance. CTP insurance covers your personal injury whilst property insurance also known as motor insurance covers you for damage to you and/or the other vehicles insurance, depending on your policy and circumstances.
A CTP claim allows you to make an insurance claim for compensation to assist with lost income, medical and treatment expenses and in some circumstances domestic care.
Who can make a CTP claim?
In NSW, regardless of whether you were travelling in a car, on a motorbike, bicycle or a pedestrian, you could be entitled to make a CTP claim if you were injured in a motor vehicle accident. That is, any kind of road user can make a claim including a driver, passenger, pedestrian, cyclist, motorcyclist or pillion passenger.
What CTP benefits can I claim?
Regardless of the extent of your injuries or whether you were at fault, you can claim income support payments and reasonable and necessary medical expenses for six (6) months from the date of the accident. That is, you can claim lost wages for any time taken off work as a result of your injuries, reasonable and necessary medical treatment expenses, and domestic care expenses for up to six (6) months from the date of the accident.
If you were not mostly at fault, or you were only partially at fault, and your injuries are non-minor you may claim beyond six (6) months and may be entitled to claim a lump sum payout for past and future loss of income and pain and suffering.
What is required for me to claim a CTP compensation payout in NSW?
Whether you are eligible to make a CTP compensation payout is dependent on two things:
- That you weren’t mostly or wholly at fault; and
- Your injuries are assessed as being non-minor. That is, it is agreed or determined that your injuries, whether physical or psychological are not minor. Contact our lawyers for a free eligibility check as to whether your injuries would be considered minor or not. Alternatively, within 3 months from when you submit the Personal Injury Claim Form with the CTP Insurer, they are required to decide. That decision should include whether they accept your injuries are minor or not and based on that they will make a decision whether they will continue to pay you statutory benefits beyond 6 months or not and whether you would be eligible for a payout or not. If they decide your injuries are minor, you are entitled to apply for a review with them within 28 days from their decision. We’ve assisted hundreds of clients like you, and overturned insurer’s decisions. Let us take the stress and guess work out of this important decision which affects your future.
If you were not at fault, and sustained injuries that are assessed as non-minor you will be eligible to make a CTP compensation payout.
How do I make a CTP insurance claim in NSW?
- Obtain a completed certificate of fitness capacity from your treating doctor or from the State Insurance Regulatory (SIRA) website;
- Complete and submit an Application for personal injury benefits form with the CTP insurer of the at fault vehicle The form notes what is required for it to be accepted. To identify who the CTP Insurer is you can either contact SIRA or type in the Services NSW Application the registration of the vehicle at fault.
You must lodge your Application and certificate within three (3) 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.
How long does a CTP claim take in NSW?
The answer depends on your injuries and how long it takes for them to be medically stabilised. The chart below shows the duration trend to receive income support: you can expect to receive income support payments within the first 4 weeks of your claim. If not, it’s likely that you will start receiving within 13 weeks. Only 7% of the claimants received their income support payments after 14 weeks.
You will probably start getting your medical treatment and care benefits expenses covered before you lodge a formal claim like 74% of the claimants in 2021. Only 5% of the people started receiving pre-claim support after the first month of their claim.
Apart from the income support and medical expenses, the payout part of your CTP claimcan take between 1 to 3years to be finalised.
Each motor vehicle accident has its own impact on every injured person’s life, and settling the motor accident compensation claim too soon is not always the best way to go.
For example, if you need to have surgery, our experienced CTP lawyers might advise against settling your claim to make sure that its’ impact on your capacity to work is taken into accountwhile you are receiving income support and treatment benefits. For things to consider regarding settling your claim see here.
In order to lodge a CTP claim, you should submit a Application for personal injury benefits form to the insurer together with supporting evidence and the medical certificate. You should lodge a claim within 28 days from the date of the accident (if you wish to claim back pay of lost earnings) or within three (3) months from the date of the accident.
A claim for common law damages (payout) can only be made at 20 months from the accident date. If your injuries are assessed to be greater than 10% permanent impairment, you can submit the Application for Common Law Damages at any time after that agreement or determination without waiting for the 20 months to come along. If your injuries are assessed to be not greater than 10% permanent impairment, you are currently required to wait for r 20 months. Our CTP Lawyers work hard to prepare your payout claim so that when the 20 months comes along your payout claim can resolve shortly after
Importantly, you are required to apply to the Personal Injury Commission for determination of your payout claim within 3 years from the date of the accident otherwise you will be required to provide an explanation for the delay. Of course, you can apply to the Personal Injury Commission prior to the 3 years however 3 years is the time limit. Our lawyers can assist you in your application if you were out of time in applying to the Personal Injury Commission. It is possible that you were self-represented and were not aware of the 3-year time limit. Our firm takes pride in helping clients provide an explanation for their delay in applying.
CTP Claims Lawyer Parramatta
We have offices conveniently located across NSW, including Parramatta. We also offer home visits for clients who are unable to attend any of our offices or is opposed to meeting via phone or video link. Contact our CTP Lawyers today for a free CTP claim check to know where you stand, how the CTP Claims process works and how to best move forward.
Our CTP lawyers will advise you on your entitlements and are able to also act on your behalf for your CTP claim. That means our CTP lawyers can advise throughout the process, gather evidence in support of your CTP claim and deal with the insurer and third parties on your behalf. Unless you are a CTP lawyer, you may not have much experience in CTP claims meaning you may not know the extent of what your entitled to, the time limits that apply and the extent of compensation you may be entitled to as well. There is no same CTP claim, every claim is different and every payout is different. However, our straightforward legal advice will comfort you in knowing where you stand from the start of the CTP claim process.
You can consult our CTP compensation lawyers at any point in your motor accident injury claim process. We recommend consulting our CTP lawyers as soon as you know the accident has caused you injuries as there are strict time limits that apply and there is no cost to you given, we offer a Free Claims Assessment.
If do not receive a lump sum payout then our CTP lawyers will not charge you. If you do a receive a lump sum payout our CTP lawyers will deduct our costs from your lump sum payout, also known as settlement monies. We recommend you contact our CTP lawyers who will do a Free Claims Assessment for you either by phone or in person. During the Free Claims Assessment our CTP lawyers will be able to inform you how much we believe our costs will be so you have peace of mind!
Our offices are conveniently located in Northern Beaches, Sydney CBD, Bexley, Wollongong, Newcastle, Campbelltown, Liverpool, Penrith, Parramatta and Blacktown. Our senior motor accident injury lawyers also offer home visits for our injured clients.
Our values and No Win No Fee policy
Our senior CTP lawyers specialise in personal injury claims which include CTP claims. Our values are to provide you with the highest degree of advice in the clearest possible terms to ensure you understand the law, entitlements and process. You will feel confident knowing that your CTP claim is being looked after by our friendly and professional CTP lawyers. Our CTP lawyers also work under our No Win No Fee policy which means you only pay for our legal costs if you win. Reach us today for a free claim check!