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 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 and are assessed with a permanent impairment. Therefore, an injury cannot be minor (e.g. soft tissue or minor psychological injury).
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 can 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 can claim - From 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 and only if you achieve 11% WPI)
- 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 a lump sum of 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.
It is unfortunate that this new CTP scheme looks very similar to the current workers compensation scheme and will lead to fierce arguments between injured motorist and insurers with respect to reasonable and necessary treatment.
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.