CTP Scheme for Accidents Occurring After 1 December 2017
There have been some massive changes made to the current CTP scheme covering motorists injured in motor vehicle accidents from 1 December 2017. New time limits and entitlements apply, so it is worth getting legal advice quickly if you are unfortunate enough to be involved in an accident.
A summary of the new system is as follows:
1. If you are not at fault in the accident:
– Not at fault drivers have better coverage than those at fault. Entitlements include weekly benefits for wage loss and medical expenses.
– The claim must be lodged within 28 days of the accident. It can be lodged up to 3 months post- accident, but if this is the case benefits will start from the date the claim was lodged.
– The insurer has 4 weeks to accept or deny the claim.
– Weekly benefits are paid at 95% of pre-injury earnings for the first 13 weeks post-accident, then 80% of pre-injury earnings thereafter (where no capacity for work). Adjustments are made where there is partial capacity for work.
– Claims for statutory benefits cannot be made where there is an entitlement to workers compensation benefits arising from the accident.
– Payment of weekly benefits is capped at 2 years maximum, unless there is a pending claim for common law damages.
– If you have a dispute in relation to a weekly benefits or medical expenses claim, seek legal advice. This claim can be dealt with by the Dispute Resolution Office after an internal review has been sought from the insurer.
Common Law Damages Claim
– A claim for common law benefits can be made only if you are not at fault in the accident and you have suffered something other than a “minor injury”. Minor injury includes soft tissue injuries, but not injuries to connective tissues such as fractures, injuries to ligaments and tendons, nerves, menisci etc. Psychiatric injuries can be included, but they must be a recognised psychiatric illness (adjustment disorder and acute stress disorder are excluded).
– The claim includes damages for past and future economic loss, and non-economic loss (pain and suffering) if you are assessed as having a 10% whole person impairment. Medical expenses are NOT included in a claim for common law damages, as these are covered separately as statutory benefits. These can be paid on an ongoing basis independently of the claim for common law damages.
– A claim for common law damages can only be lodged from 20 months after the accident where whole person impairment is less than 10%, and anytime where whole person impairment has been assessed as greater than 10%. All claims must be made within 3 years of the date of accident.
2. If you are at fault in the accident:
– If you are at fault in the accident you are still entitled to claim statutory benefits and medical expenses for 6 months from the date of the accident. You should lodge an Application for Personal Injury benefits (which can be found on the SIRA website) with your CTP insurer.
3. Other Circumstances
– There are certain claims which will be exempt from the claims process and must be dealt with by the Courts. These include claims for minors and persons under a legal incapacity, Compensation to Relatives Claims and claims where there has been an allegation of fraud.
As with all personal injury matters, Sydney Compensation Specialists act on a “no win, no fee” basis, which means you only pay legal costs upon the successful conclusion of the claim. You can receive an award for legal costs on top of the compensation paid to you in many motor accident claims. Advice about this can be provided on enquiry.
Office: (02) 9801 7508