A Brief Guide on Claiming Motor Vehicle Injury Compensation in Australia

January 25, 2024    litigation lawyers
A Brief Guide on Claiming Motor Vehicle Injury Compensation in Australia

As unpredictable as road accidents are, they are some of the most common safety hazards people face. The Western Australia Road Safety Commission reported more than 100,000 accidents in Perth between 2018 and 2022. That’s why, if you’ve been in a car accident in Australia, you are entitled to monetary compensation regardless of your responsibility, as per the CTP. The objective of a CTP is to protect drivers from the financial burden of treating injuries, loss of earnings, or psychological trauma sustained due to motor vehicle accidents.

This article is a comprehensive guide to claiming your motor vehicle injury compensation.

What is a CTP?

A CTP or a Compulsory Third Party insurance is an insurance scheme that protects individuals affected by any motor vehicle accident from having to bear the full financial burden of their injuries and damages. This scheme not only protects drivers but also teaches them not to drive carelessly, such accidents as:

  • Pedestrians
  • Passengers
  • Motorcycle users
  • Cyclists
  • Wheelchair users
  • Any road user

Essentially, anyone affected or injured by a motor vehicle can claim CTP. This is one of the most common forms of insurance and accident compensation claimed in Western Australia. A CTP is insured when purchasing any motor vehicle and its registration.

Like the lawful registration of your vehicle, a CTP is compulsory and an essential part of maintaining road safety. The Insurance Commission of Western Australia is responsible for Third Party Insurance in this region. It is authorized by the Australian government to provide compensation for personal injury sustained due to road accidents.

What does a CTP cover?

Motor vehicle injury compensations can be obtained from several sources.

1. The CTP protects individuals who have insured and registered vehicles from bearing the financial burden of injuries caused to them or others due to motor accidents.

2. Since most accidents involve some level of shared responsibility of drivers, claiming a CTP involves determining the compensation you are entitled to.

3. You might also be entitled to Workers’ Compensation if you sustained a motor vehicle injury while fulfilling your occupational duty.

4. If you’ve sustained a permanent injury or incurred a disability due to the accident, you are entitled to support and care under the Lifetime Support Scheme or LSS.

5. In case of an accident involving an unauthorised vehicle, such as a hit and run, your injuries will be covered by the National Defendant Scheme.

How can you claim motor vehicle injury compensation?

If you are affected by a motor vehicle accident, the following steps are underway to help you claim a CTP:

  • Lodge a claim to the CTP of the vehicle company that caused the accident or file a report at the Western Australia ICWA website by filing the injury notification form. The insurer should get back to you within seven days of receiving the form with a claim number that you should save.
  • Liability decision: After you’ve filled out the form, the Insurance Commission of Western Australia will investigate the accident. At this point, you must provide any evidence about the accident. Contacting anyone affected by the accident and presenting your case together also work in your favor. This is a lengthy process; however, in some cases, the insurer may compensate costs before determining responsibility. This is known as paying on a “without prejudice” basis. Sometimes, the decision may be escalated to a pre-trial at the District court. Then, it is up to the district court to decide what compensation you’re entitled to or if you have any liabilities or responsibility in the accident in case you were driving carelessly. This is where having a competent car injury accident lawyer can help you present a better case and negotiate your compensation at what is known as a pre-trial procedure. Alternatively, all parties can have an informal settlement before matters are escalated to the court.
  • Compensation to assist injury recovery: If your claim is accepted, your insurer is responsible for reimbursing you for medical costs and providing monetary compensation for damage incurred due to the motor vehicle accident. You may have to present medical documents to prove that the medical procedures being covered are contingent on the motor vehicle accident and not pre-existing.
  • Settling the claim: once your injuries are relatively stable, the insurer will fully settle your claim and provide any outstanding compensation.

Conclusion

Motor vehicle injuries can be dangerous and incur severe damage. It can be extremely challenging to navigate settlements and injury compensation while dealing with the physical or mental trauma of an accident. Contact the team of the best personal injury lawyers Perth to help settle your claim and assist you during the crisis.

REQUEST A QUOTE NOW! Complete the form below for a fast response


Related Posts
Copyright © Litigation Lawyers Perth.
All Rights Reserved
Enquire Now
Call Us Now