In this information sheet we explain what a CTP insurance claim is, the types of injuries covered, who is eligible to make the claim and what happens if the injured person disagrees with the insurer’s decision.
What is a CTP insurance claim?
CTP insurance stands for Compulsory Third Party insurance. It is also known as ‘greenslip insurance’ in NSW. It is a type of motor vehicle accident insurance. When you have CTP insurance, it means that if the car you are driving hits a person or causes an injury to a person as the direct result of an accident, then you are insured against the damage caused to that person.
In Australia it is illegal to drive a car without CTP insurance. A person cannot register their motor vehicle without it. The insurance is attached to the motor vehicle and not the person who owns the motor vehicle.
What does CTP insurance cover?
CTP will cover a person for things like medical expenses, loss of income and funeral expenses.
CTP insurance does not cover damage to personal property or motor vehicles. For this the motor vehicle will need third party property damage insurance or comprehensive insurance.
How does someone make a CTP claim?
The injured person can make a claim with the insurer. They will need to find out the name of the CTP insurer. Anyone who is involved in a motor vehicle accident must give the injured person their name, licence and insurance details.
How long does someone have to lodge a CTP claim?
The claim should be lodged ideally within the first 28 days after the accident for the injured person to receive benefits from the date of the accident.
If the person making the claim misses the 28 day lodgement date, they have three months to lodge the claim, but will only receive a benefit from the date the claim was lodged.
If the person’s injuries are not serious, they can lodge an early claim with the insurer, who can approve a GP visit and two sessions for treatment such as physiotherapy. If the person thinks they will need more than two treatment sessions, it is important they submit a claim for personal injury benefits.
Before applying
– If they have not already done so, the injured person should obtain the details of the driver and their CTP insurer; and
– Report the incident to the police. This is an important way of proving the accident happened.
Who can apply for CTP insurance benefits?
Anyone who is injured in a motor vehicle accident. This includes:
• Drivers and passengers;
• Riders and pillion passengers;
• Pedestrians; and
• Cyclists.
Who is ineligible to make a claim on CTP insurance?
If an injured person is charged with a serious driving offence in connection with the motor vehicle accident or is the at-fault driver of an uninsured vehicle, they are excluded from making any CTP insurance claim.
What type of injuries are covered by CTP insurance?
Injuries that are covered by CTP insurance can be physical and/or psychological.
If the injury is also work related, the injured person will also need to make a claim against their employer’s workers compensation insurer.
What if the injured person is too unwell to apply for a claim?
Unfortunately, some people are so seriously injured in motor vehicle accidents they are not physically able to make a claim. A representative of the injured person can fill in and submit the claim form on behalf of the injured person.
The CTP Insurer will investigate an injured person’s claim and must notify them within four weeks whether their claim has been accepted or denied.
Can the injured person disagree with the decision of the CTP insurer?
An injured person has 28 days in which to request the insurer conduct an internal review. If they are not satisfied with the insurer’s response, the injured person has the right to request an independent review.
If you have suffered injury as the result of a motor vehicle accident, you will need a legal team who are experienced motor vehicle accident and CTP insurance claims. You can click here to book an appointment or call us on (02) 4050 0330 for a no obligation consultation to discuss your potential CTP insurance claim.
