If you have been injured in a car accident, chances are you can make a claim against the at fault driver’s Compulsory Third Party (CTP) Insurance.
The CTP system is complex, and requires the injured driver to complete an Application for Personal Injury Benefits with SIRA and send it to the at fault driver’s CTP insurer within 28 days of the accident. This form allows up to for payment of treatment expenses and loss of income for up to 52 weeks. You must also notify the Police of the accident within 28 days and obtain and event number.
If your injuries are ongoing and you have not recovered within 52 weeks, you can make a claim for further compensation and a potential claim for common law damages for pain and suffering and future loss of income.
The CTP system is complex, and requires the injured driver to complete a Application for Personal Injury Benefits with SIRA.
The claim form must be submitted within 28 days of the date of injury.
If you submit a claim for personal injury, the CTP insurer will investigate your claim. This means that they may seek medical records from the doctors that you have seen for your injury. They may also organise a meeting with you and an investigator to obtain a statement. The insurer may also send a letter to you asking you a number of questions about your accident.
The investigation process is usually quite stressful for the injured party and the investigators can ask difficult questions. The answers you give may have a significant impact on your claim. The insurer is always looking for reasons to decline your CTP claim.
If the insurer does admit liability for your claim, they will make payments for medical expenses and loss of income up to 52 weeks. This initial claim is a no fault claim. The insurer will decide if you are entitled to benefits beyond 52 weeks. You will need a lawyer to review this decision.
An Accredited Specialist in Personal Injury Law can help
As you can see, the CTP system is complex. There are numerous different time limits and rules in relation to CTP claims, therefore it is advised that you obtain the assistance of an Accredited Specialist in Personal Injury Law who can:
- Make sure your CTP claim has been made correctly.
- Provide advice and guidance on the investigation process.
- Advise you whether the insurers request for information about you and your claim are proper and not an unwarranted information gathering exercise aimed at disadvantaging your case.
- Determine if you are entitled to benefits beyond 52 weeks
- Determine if you have a common law claim for damages, if so, what your claim may be worth.
- Obtain more compensation for you at settlement.
- Make sure you understand the process and take the stress out of making a CTP claim so that you can use your time to recuperate from your injuries.
There are no legal costs payable until the claim is finalised.
The experienced lawyers who undertake CTP claims operate on a No-Win No-Fee basis, which means that you will not be charged legal fees if you do not win your case.
About 50% of the legal costs are payable by the CTP insurer and in some cases all costs are payable by the CTP insurer. That proportion of the legal costs which are not paid by the insurer are payable at the end of the claim from the compensation you receive.
If you would like to know more about hiring an Accredited Specialist in CTP claims or need legal advice please contact us.
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