Motor Vehicle Accidents
NO WIN, NO FEE
Compulsory Third Party (CTP) insurance covers you for injury should you be involved in a motor vehicle accident whether it is a car, truck, bus, motorcycle or any other motorised vehicle.
On 7 March 2017, the NSW government proposed to make changes to the motor accidents law, which are to include a no-fault scheme that allows injured people compensation for injury regardless of whether they were at fault or not.
The NSW government have passed these legislative changes which commenced on 1 December 2017.
If you sustained injury due to a motor vehicle accident prior to 1 December 2017 you will not be affected by the new law.
In the new Motor Accident Injuries Act 2017 (NSW), if a person is mostly or wholly at fault, they will be entitled to 6 months’ worth of weekly income payments and medical expenses paid by the CTP insurer.
These benefits can continue beyond 6 months for people who are not at fault or not mostly at fault and are assessed with a injury which is not minor in nature.
Moderate Injuries: A person who is assessed with 10% or less whole person impairment (WPI) can receive up to 2 years of weekly income benefits, and up to 3 years if they make a common law compensation claim. Medical benefits and commercial attendant care are provided by the CTP insurer on an ongoing basis as needed.
Serious Injuries: A person who is assessed with at least 11% WPI can receive up to 2 years of weekly income benefits, and up to 5 years if they make a common law compensation claim. Medical benefits and commercial attendant care are provided by the CTP insurer on an ongoing basis, for life if required.
Not at fault - What you may claim - Before 1 December 2017
Pain and suffering (if assessed with at least 11% whole person impairment [WPI])
- Past and future financial loss (up until retirement age)
- Past and future medical expenses (up until life expectancy)
- Past and future care (up until life expectancy)
Not at fault - What you may claim - From 1 December 2017
- Pain and suffering (if assessed with at least 11% whole person impairment [WPI])
- Past and future financial loss
- Medical expenses (continuous approval required from the CTP insurer)
- Past and future care (approval required from the CTP insurer and rigorous assessment to determine needs and level of care)
Note: If negligence proceedings are commenced, you are only entitled to make a claim for pain and suffering and past and future financial loss only if you have more than minor or soft tissue injuries. This does not apply to injuries prior to 1 December 2017.
An extremely large number injuries people who have made a CTP claim are having their benefits cut after 6 months from the date of the accident. The insurers however do not have an obligation to inform you that you should seek legal representation to review whether their decision was correct. As a result, the majority of CTP claimants believe they have no further rights and do not pursue any compensation for their future financial loss.
There are also situations where CTP claimants have legal representation and informed by their lawyers that there is nothing more that can be done. These CTP claimants are being turned away from law firms by lawyers.
If any of the above has happened to you, call immediately for an obligation free consultation.
There are strict time limits in making a motor accident claim, so if you think you may be entitled to compensation contact our office to book your free consultation.
Simply call us on 02 8712 2545 and speak with one of our experts or register your enquiry on the "Contact Us" page and our friendly staff will be more than happy to assist you.