Being involved in a car accident is always a stressful experience and many people are unsure of what action they can take. In many cases, injuries caused by motor vehicle accidents emerge or worsen over time. So, to protect yourself and your rights, here’s what you need to know about the CTP claims process following an accident.
What is a CTP claim?
Compulsory Third Party (CTP) claims are designed to protect those who are injured due to the partial or total fault of another vehicle - particularly if this injury affects your daily life or ability to work. This CTP claims process guide will help you determine whether you can make a CTP claim, how to do so, and who to contact for help.
Can I make a CTP claim?
CTP claims compensate those who sustained an injury due to the fault of another driver. If no one else was at fault, you are most likely unable to claim compensation unless:
- The accident resulted in serious injury or death;
- The driver who caused your injury was uninsured; or
- You were unable to identify the driver.
What is the CTP claims process?
The CTP claims process and time limitations that apply vary depending on where you live. In general, to lodge a successful CTP claim you will need to take certain steps including:
- Gather information: it is always in your best interest to gather as much information as you can immediately after the accident - including the other driver’s personal and insurance details (where possible), the names and contact details of any witnesses, and photos of the damage and any injuries sustained.
- Report your accident to the police: unless police were present, you should contact them as soon as possible following the accident. Not only are you legally required to report any crash resulting in injury, you also need to have a police report to make a CTP claim. You can complete a Traffic Incident Report online or visit your nearest police station to do so.
- See a doctor: it is a good idea to see a doctor as soon as possible, even if you don’t think your injuries are that bad. Keep all medical reports or certificates, as well as the receipts from any treatment or medication you require.
- Complete a claim Form: in order for your CTP claim to be accepted, the other party’s insurer must receive a Notice of Accident Claim Form (or a Fatal Injury Form) following the accident. If you are unable to identify the other vehicle or driver involved, this form must be lodged with the nominal defendant. In order to complete this form, you will need the registration number of the vehicle at fault, the police accident report reference number, and any medical information related to your injuries.
How long does a CTP claim take?
The CTP insurer has six months to accept or reject liability for your injuries, although this is usually decided earlier in straightforward cases. While each claim is different, CTP claims generally take between 12 to 18 months to be resolved. However, the process can be significantly longer if the insurer denies liability or your injuries are particularly severe.
Should I contact a CTP lawyer?
There are two main reasons for seeking legal help if you are injured in a motor vehicle accident: proving liability and ensuring you are adequately compensated for your injuries. It is best to seek legal advice as soon as possible after the accident because strict time limits can apply to lodge a claim.
It is important to remember that CTP insurers have their own legal representation working to limit their liability - either by denying fault entirely or minimising the amount of compensation they are willing to pay. This means you might not get the full amount you’re entitled to, without having a CTP lawyer on your side fighting to get you the compensation needed to recover.
Shine Lawyers – we're here to help
If you think you may be entitled to compensation for an injury sustained while out on the roads, our CTP claim experts may be able to assist. Our team can guide you through the legal process to help you get your life back on track. Contact us today for an obligation-free consultation.
Written by Shine Lawyers. Last modified: November 13, 2020.