Introduction
In New South Wales, all registered vehicles must have third party insurance, which is generally known as CTP or ‘green slip’ insurance. You will not be able to register your car without it, and the reason it’s compulsory is that it covers anyone injured in a motor vehicle accident.
At PK Simpson, we act for anyone suffering a personal injury from an accident whether the driver at fault is unregistered or unknown. When making a third party or CTP claim in NSW, there is a strict time limit and procedural requirements that must be followed.
At PK Simpson, we are experts when it comes to motor vehicle accident reporting requirements and our lawyers can assist you to navigate the process. We advise you on how to make a motor vehicle accident claim and guide you through the intricacies of the motor vehicle accident claim form.
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How to File a Motor Vehicle Accident Claim
If you were involved in a motor vehicle accident that wasn’t your fault and you suffered an injury as a result, then it is likely you will get compensation for your injuries.
However, to obtain the best result possible for you if you have sustained a car accident personal injury, our specialist lawyers can help. We not only help you complete a form but also advise you about all the requirements on how to file a motor vehicle accident claim so you receive the optimum level of benefits.
To be eligible for income loss from the date of the accident, be aware that there is a requirement to lodge your initial CTP insurance claim within 28 days from the date of the accident. You then must lodge your final claim three months from the date of the accident, however, this may be extended in some circumstances.
How to Settle a Motor Vehicle Accident Claim
Once you’ve submitted your CTP injury claim, a requirement of the process is that the insurer will review it and write to you within four weeks to inform you whether you have been successf
ul or not. If the insurer accepts your claim and settles it, you will begin receiving payments within two weeks. Your insurer will detail in the correspondence whether it deems your injuries minor or not non-minor and also what payments you are entitled to receive, and who was at fault in the accident.
A requirement of the motor vehicle accident regulations is to allow you to challenge your insurer’s decisions. At PK Simpson we not only challenge the decision, we also obtain further medical evidence to support a successful challenge. We have experienced doctors who can assess your injuries and provide the very specific evidence required to get your claim over the line. We’ll navigate the barriers set in place by the insurer so that your claim is given priority in an Insurer Internal Review and if that is unsatisfactory, your dispute can be escalated to the Dispute Resolution Service (DRS).
Compensation claims are legally complex and the best way to proceed in any legal dispute is with supportive evidence. In compensation claims, our evidence is medical records and reports. Not only do you need the right legal team, but you also need to be in contact with medical professionals who know how to assess you in light of a car accident claim. With over 36 years of compensation experience, we have the best medical professionals in Sydney to help maximise your claim.
Conclusion
At PK Simpson, we pride ourselves on being a law firm that is willing to take on any case relating to compensation, whether motor vehicle accident claims or others large or small. Call us today on 1300 358 057, email or enquire online now so we can help you.
Frequently Asked Questions
Yes, you can. If you’re diagnosed with a serious cancer that has an impact on your ability to work, you may not realise you are entitled to claim insurance benefits through the insurance provided through your superannuation. These benefits may include income protection if your disablement is temporary, and TPD if your condition is long-term and serious. If your condition is terminal, you will be eligible for a terminal illness payment.
Yes, you can. People are now becoming more aware of depression and other mental illnesses, and while there’s a way to go before the stigma is lifted, we’re talking about it more often. Around one in four Australians suffer from a mental illness each year. However, insurers are wary of mental illness disability claims, and it can be quite hard to get cover. But what many people fail to recognise is that the automatic TPD insurance you have through your superannuation fund can pay out much-needed benefits and funds if you cannot work due to depression or any other mental illness.
Mental illness can often be a lingering side effect of a physical injury, even after full physical recovery.
Yes, you can have multiple TPD claims providing your insurance policies or super funds are independent of each other. Bear in mind that, unlike other personal injury claims, when you make a TPD claim, you do not have to prove that the illness or injury was work-related or caused by somebody else.
A successful TPD claim can never be 100 per cent guaranteed, but you are much more likely to win your claim if you contact a TPD specialist lawyer at PK Simpson to discuss your situation. There is a minimum level of evidence required to support your claim, which must be provided to your insurer and your super fund. This includes your claim form, a signed authority, certified ID, and two medical reports from your treating doctors showing that you can never return to work. These will need to be reviewed by a lawyer to ensure all the correct boxes are ticked, and that the evidence strongly supports your claim for TPD.
Often, terms and conditions specific to your policy need to be analysed in order to make sure the fund cannot decline your claim.
Superannuation funds will often require specialist reports. Superfunds do not pay for treatment throughout the claims process. However, PK Simpson pay for all medical reports needed to support your claim.
Most claims are paid out and finalised within three to six months, but it all depends on how complicated the claim is, and how much good evidence you have about your injuries. There is also the matter of whether you fulfil all the criteria set by your insurer. This is why it’s crucial to have a specialist TPD team on your side when you make a claim for TPD for any reason.
As lawyers we will make sure your claim is assessed by the superfund in a timely manner. Delay tactics are deployed by funds to prolong and frustrate TPD claimants who are not legally represented.
If you haven’t been able to work in your usual job for three to six months due to an injury or illness, you are likely to be classed as TPD.
Each superfund has their own TPD definition and this must be satisfied for the TPD claim to be approved. Common factors which are assessed in each claim are the members work history (education, training and experience), suitable jobs, and medical evidence.
Your TPD entitlements are set out in the contract (a.k.a. policy, or product disclosure document) you have with your insurer. Therefore, the definition of TPD will vary between policies and insurers.
If you or anybody you know has ceased work due to illness or injury and they cannot return for at least six months they could be eligible to claim TPD benefits. Call PK Simpson specialist TPD lawyers today on 1300 358 057 or email inquiries@pksimpson.com.au