Risks of Settling a CTP Claim Without Consulting a Lawyer

Thursday, April 28, 2016

 

If you have been injured in a motor vehicle accident, you may be able to make a claim for personal injury compensation under the Compulsory Third Party (CTP) scheme.

When you make a claim for a motor vehicle accident you need to complete a claim form. This form is sent to the CTP insurer. Claim forms can be difficult to complete as they are long and need a lot of information about the accident. For this reason it is best to seek the help of a lawyer who is an accredited specialist in personal injury law.

If you fill in the claim form yourself you may make a mistake. This may affect the amount of money the CTP Insurer offers you at settlement.

After you make a claim the Insurer will then investigate the accident and decide whether they accept liability. As part of the investigation process the insurer will ask you to meet with an investigator to obtain a statement.

Insurer investigations are quite stressful, the investigators are blunt and ask many tricky and confusing questions. It is important to remember that the investigator works for the Insurer. They are acting in the best interest of the insurer, not in your best interests. For this reason you should speak to an accredited specialist. A specialist will help you with answering the Insurers questions. They may instruct you to decline the interview with the insurer.

If the insurer denies liability and does not accept that their driver was at fault they will notify you in the Section 81 Notice. You should immediately contact your Lawyer. Your lawyer can determining whether the insurer was correct in declining your claim.

If the Insurer accepts liability for your accident, then they will pay your reasonable and necessary medical, hospital, rehabilitation and travel expenses.

If your claim is accepted the insurer will investigate your injuries further. The insurer will arrange medical appointments. The insurer may ask you to answer questions in relation to your injuries, these are called particulars. The insurers request for particulars is often very long and requires detailed answers, if you make a mistake it may reduce any offer of settlement. For this reason it is important to consult an accredited specialist.

If the insurer is aware that you do not have a lawyer they will probably offer you a low settlement offer. You may not be familiar with what the cost of treatment for your injuries will be in the future, and you may not know what amount of compensation you are entitled to receive. This includes if you are entitled to an amount for pain and suffering.

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The insurer will offer a round sum such as $20,000. You may be happy with this amount but the extent and nature of your injuries may mean the claim is worth 10 times that much. While $20,000 may sound good, it is important to understand that if you accept the settlement offer then you cannot return later to claim any further compensation. It is a full and final settlement.

Your claim may be worth more like $200,000 not $20,000. You should never accept an insurer’s offer without speaking to a lawyer who is an accredited specialist in personal injury law.

For these reasons it is important that you consult a specialist in personal injury law. They will have done many motor vehicle accident claims and understand the process, the cost of necessary ongoing treatment, and your full entitlements.

An accredited specialist will also have extensive experience with the settlement process and how to get the most money for your injuries.

As a general rule, a lawyer who is an accredited specialist in personal injury law will always obtain significantly more compensation for you than you can on your own.

GARLING AND CO 2016

 

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