Non-Minor Injury Car Accident & CTP Claims in NSW

Introduction

NSW CTP laws introduced in December 2017 means injured people now find it harder to make a compensation claim.

Table of Contents

  1. What Changed?
  2. What Does This Mean and Why Will It Affect Me?
  3. What Sorts of Accidents Are Covered?
  4. What Are My Entitlements?
  5. What Can You Do?
  6. Benefits of Having PK Simpson on Your Side

What Changed?

  • The NSW government prevented the making of compensation claims to injured people who are assessed as ‘minor’ meaning their physical injuries are not greater than 10% permanent impairment.
  • Compensation can only be claimed by people who are ‘non-minor’ and have a permanent impairment of 11% or greater.
  • Damages are only awarded for economic loss and non-economic loss to injured people with 11% or more permanent impairment.
  • No damages are awarded to injured people who are 10% or less.

What Does This Mean and Why Will It Affect Me?

This means doctors will have to assess your claim according to a scale of damages. The more injuries you have, the more likely a doctor will assess your permanent impairment as being 11% or greater. The process is very technical and the insurer puts on evidence to argue that your injuries are not permanent.

It affects all people injured in traffic accidents in NSW, as people whose injuries are on the cusp will likely not reach 11% without the care and skill of a compensation lawyer who knows the new CTP law system.

You now need experienced doctors to assess your claim. PK Simpson obtains the right medical treatment/evidence to make sure your claim has the best possible chances of a lump sum payout.

What Sorts of Accidents Are Covered?

CTP laws cover accidents on the road whether you’re a pedestrian, passenger in a bus or a driver of a private vehicle. It also covers forklift accidents and other vehicles and automobiles you’re more likely to see in warehouses.

What Are My Entitlements?

Injured people with ‘minor injuries’:

  • Limited to 26 weeks of weekly payments of statutory benefits.

Injured people with ‘non-minor’ (degree of permanent impairment is greater than 10%) injuries:

  • Up to 206 weeks of weekly payments;
  • Payments for medical treatment;
  • Commercial attendant care;
  • Damages for economic loss;
  • Damages for non-economic loss;

Therefore, every injured person is better off talking to PK Simpson before moving forward with a traffic accident compensation claim.

What Can You Do?

Continue to seek treatment from your doctor and talk to PK Simpson if your doctor hasn’t referred you to us.

Benefits of Having PK Simpson on Your Side

  • Up front payment of all medical reports required to bolster your claim.
  • We obtain the right medical evidence before you are medically assessed.
  • We will fight the insurer when they say your claim is ‘minor’.
  • We will seek maximum compensation for loss of earning capacity for you, now and into the future.
  • We will seek compensation for your injuries sustained.
  • You may not be able to work and therefore have a TPD Superannuation claim.
  • Client services who are dedicated to making sure you are up to date and every query answered.
  • Online services so that you don’t have to leave your house to talk to us.
  • Located in Sydney alongside the insurers making the claim process efficient.

Frequently Asked Questions

When lodging a claim for car accident injury compensation after a motor vehicle accident, it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a car accident claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within 6 months of the crash.

See above. However, the length of time you have to make your claim depends on the jurisdiction.

For instance:

  • TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical, and you may have more than one TPD claim.
  • Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out-of-time claims may be made. New NSW CTP laws have made it difficult for injured people, and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
  • Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out-of-time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
  • Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
  • Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.

Motor accident compensation claims for car accident personal injury are normally finalised after you’ve recovered or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.

At PK Simpson, our legal service has the best car accident lawyers who deal with all kinds of car accident claim payouts and compensation, and we operate on a no-win, no-fee basis. Motor vehicle compensation can be tricky, so you need professional help to make a claim. Be aware, though, that you need detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW, so click on this link.

If you’ve been injured in a car accident, the police must be notified as soon as possible but within 28 days. You will need to complete a Motor Accident Act Personal Injury Claim Form or get help from PK Simpson car accident lawyers to do so.

You will need to consult a doctor or hospital and get a medical certificate. Gather the certificate and all the receipts and accounts you accrued for your medical treatment and any out-of-pocket expenses. This documentation, plus the police report, is sent to the CTP insurer of the motor vehicle you believe is at fault. You will receive a CTP reference number, and a decision will be made to ascertain who was liable.

If liability is accepted, the insurer is obliged to pay for the following:

  • Reasonable or necessary hospital, medical, rehabilitation, pharmaceutical, respite care and attendant care expenses.
  • Reasonable and necessary travel and accommodation expenses associated with any treatment or rehabilitation provided’

If the CTP insurer denies liability, you should contact your solicitor immediately. To be sure, it’s best to see a lawyer to handle your claim.

If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident, you don’t need to call the police, but move the damaged cars if possible. Never admit responsibility, even if you think you were at fault. Collect the other parties’ names, addresses, registration numbers, and insurance details and get witness details if possible.

If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.

Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.

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