Have you been injured in a car accident? You may be eligible to make a claim. What is a CTP claim?
A CTP (Compulsory Third Party) claim is an insurance claim for a lump sum to compensate you for injuries sustained in a car accident and the effects of those injuries, including but not limited to:
– Medical and rehabilitation costs to treat your injuries; and
– Lost income resulting from the injuries.
Can I make a CTP claim?
In Queensland, you can make a CTP claim if you:
1. Were injured in a car accident; and
2. The car accident was not your fault, or only partially your fault.
If you are a passenger in the at-fault car, you can still make a claim.
Who do I make a claim against?
CTP claims are made against the CTP insurer of the at-fault car. CTP insurance is compulsory with car registration. Every registered car has a CTP insurer.
In Queensland, we have a voluntary CTP insurance scheme in that you can nominate which insurer you would like your CTP policy with. As such, there are a number of different CTP insurers in Queensland that we deal with, such as Suncorp, RACQ, Allianz and QBE.
Why should I make a CTP claim?
Why should you be out of pocket for expenses and losses associated with an injury that was not your fault?
1. Making a CTP claim allows you to access funding for medical and treatment expenses from the CTP insurer. If your claim is accepted and your medical treatment approved by the insurer, they will usually fund most of your medical and treatment costs as verified by your doctor. These expenses include items such as:
– GP consults
– Physiotherapy
– Investigations such as X-Rays, CT scans, Ultrasounds, MRIs
– Psychological treatment
– Medications
– Travel associated with treatment. This can save you hundreds or even thousands of dollars in out-of-pocket expenses.
2. If your injuries are long-term, that is, they persist after 9-12 months, then a CTP claim can also serve to compensate you for possible future expenses and losses arising from those injuries.
Sometimes, an injury can be serious enough to affect your earning potential, which will result in future losses of income. This can happen due to reasons such as:
– You can no longer do your usual job and require retraining and reskilling
– Your injury prevents you from heavy lifting and manual handling
– You can only work part-time instead of full time
– You will need time off work to rest
– Your general productivity, efficiency and capacity has decreased
What can I claim for?
1. Pain and suffering from the injuries themselves (this will be a fixed amount depending on the severity of your injuries and the medical evidence)
2. Past and future medical and rehabilitation costs
3. Past economic loss
4. Future economic loss
5. Past and future care costs (if applicable).
Past economic loss is the income you have lost as a result of your injuries – eg. due to time off work.
Future economic loss typically makes up the largest portion of your lump-sum payment. It is an amount paid to compensate you for the risk of future lost income due to your injuries. How much will depend on the impact of your injuries on your ability to work.
The amount of compensation available to an individual in each of these areas is dependant on the evidence. The injured party needs to show through documentation and medical records their losses and how they have been affected. If you are ever involved in a car accident, it is a good idea to keep
copies of all documents and make notes from the time of the accident onwards.
Why should I use lawyers for my CTP claim?
The CTP process is complex and may take 12 – 18 months or more. As your representatives, we will guide and support you through this process so that it is as easy as possible and you can focus on your treatment and recovery.
Most importantly, we will gather evidence to prove your case and provide you with advice so that you can make informed decisions throughout the process and regarding any offers of settlement made to you.
How much the CTP insurer will pay you is determined by:
– Evidence of your injuries and impact on your work;
– Evidence of expenses and any other losses;
– Your personal circumstances and history;
– Previous Court decisions in matters with similarities;
The negotiation stage is where we really shine. We will prepare your evidence, your case, and advocate and negotiate on your behalf to achieve the best possible outcome for you.
Have any questions? Call our friendly team for a free of charge and a no-obligation initial consultation.
Phone 1800-GET-HELP (1800 438 435)