Motor Vehicle Accident Claims
The Scheme is Complex
If you suffer a personal injury as a result of the motor vehicle accident you should make a personal injury claim. The motor accident legislation is complex and you will need the assistance of an experienced CTP lawyer making a claim.
How to claim?
To make a claim you must complete an application for personal injury benefits (the application). You must report the accident to police as soon as possible. The application should be sent to the CTP insurer of the driver at fault within 28 days of the accident if you wish to claim past economic loss. Otherwise you have three months to make the application.
Minor and non-minor injury
The motor vehicle scheme is a hybrid scheme combining statutory benefits with common law benefits.
Compensation is paid for the first six months even if you were mostly at fault for the accident or have minor injuries.
If you have a minor injury which is a soft tissue injury or a minor psychological or psychiatric condition, the insurer will terminate your payment after six months from the date of the motor vehicle accident.
It is vitally important that you have radiological investigations for example an MRI scan to reveal if there is any sinister pathology that can be used to challenge a minor injury decision from the insurer.
It is important that your general practitioner record all injuries sustained in the motor vehicle accident even if those injuries have resolved.
Time limits to review decision from the insurer
There are time limits to review decisions from the insurer with regard to minor injury, statutory payments of compensation and medical treatment disputes. These are referred to the Personal Injury Commission (PIC) for determination.
Blameless accidents
If you are injured as a result of a blameless accident that is an accident that does not involve negligence for example the driver has epileptic seizure or a heart attack, you can still make a claim to receive benefits ongoing for a period of two years if still incapacitated.
If you have non-minor injuries you will be entitled to statutory compensation for up to 2 years. To receive ongoing loss of earnings you must lodge a claim for damages.
Statutory compensation
The statutory benefits for loss of income are paid a percentage of your preaccident earnings as follows up to 2 years:
for the first 13 weeks maximum is 95%
after 14 weeks the maximum is 85%
Common Law Damages Claim
A common law damages claim is made by people who have non-minor injuries and who were not wholly at fault for the accident. You can claim past and future economic loss including losses of superannuation.
You can claim damages for non-economic loss or pain and suffering if you are assessed at greater than 10% whole person impairment (WPI).
As an example, a young apprentice carpenter suffers a significant back injury resulting in spinal surgery. After recovering from surgery is left with lifting restrictions and is unable to perform his preinjury employment. He has capacity to work on light duty employment. He needs retraining. He is assessed above the 10% WPI threshold and can make a claim for non-economic loss. He has made a claim for common law damages.
The ranges of damages for non-economic loss are $280,000-$350,000 and for economic loss past and future are $550,000-$900,000.
Ongoing medical expenses
Once your common law damages claim is resolved, you can still claim your reasonable medical expenses ongoing.
The motor accident legislation is complex. We can guide you through this process to ensure you receive the compensation you are entitled to claim.
Legal costs
If you instruct Longton Legal, you will not be charged any legal costs if your damages are less than $75,000. If your damages are greater than $75,000 the CTP insurer will pay our costs, and if there is any shortfall we will ask you to pay the difference out of any settlement.
Contact us today, and start with a free consultation by clicking "Make a Booking" to receive our preliminary expert advice.
Key Contacts
Jonathan Coyle
Founding Partner
