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9 Reasons Why You Need An Expert Lawyer To Handle Your CTP Claim | Garling & Co

Wednesday, August 30, 2017

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 Accident Notification Form and send it to the at fault driver’s CTP insurer within 28 days of the accident. This form allows up to $5,000 for payment of treatment expenses and loss of income.

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 three months after your accident, you can make a claim for further compensation by completing a Motor Accidents Personal Injury Claim Form. This allows for compensation greater than $5,000.

This claim form must be submitted within six months 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 may offer you a round compensation figure such as $10,000. This may seem like a good amount to you initially, but usually the insurers first offer of settlement is unreasonable considering the extent and nature of your injuries, your ability to return to work, and your long-term pain and suffering. A good lawyer can often get 10 to 20 times this initial offer.

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:

  1. Make sure your CTP claim is made correctly and within the time limits.
  2. Make sure you fill out your claim form properly so you receive the right amount of compensation from the CTP insurer. 
  3. Provide advice and guidance on the investigation process. Your accredited specialist in personal injury law may advise you to decline the investigation as it is not in your best interest.
  4. 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.
  5. If the insurer declines your claim in a Section 81 Notice your lawyer will be able to challenge their decision.
  6. Resolve disputes and is very experienced in dealing with the Motor Vehicle Compensation Act, the Claims Assessment and Resolution Service (CARS), and the Medical Assessment Service (MAS).
  7. Determine what your claim is worth through extensive experience dealing with CTP claims and insurers, and be able to obtain a much larger compensation amount then the insurers first offer of settlement, usually 10 to 20 times more.
  8. Obtain more compensation for you at settlement.
  9. 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.

Most 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 call Matthew Garling on (02) 8518 1120 or email: mgarling@garlingandco.com.au 

For further information please see our blog articles on Car Accidents Compensation

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