If you have been injured in a motor vehicle accident in NSW, you may be able to access
benefits available under the compulsory third party scheme (CTP).
The legal term “Motor Vehicle Accident” in NSW refers not only to car accidents, but
also to any accidents involving trucks, buses, motorbikes, boats, trains and forklifts or
even aeroplanes where an injury to an individual occurs.
If injuries are sustained as a result of an accident that was a result of another driver’s
negligence, you may be entitled to personal injury compensation. It differs slightly from
state to state but in NSW, you will be protected by legislation if you are found to be not
at fault in the accident.
CTP or ‘greenslip’, as it is commonly known in NSW, is insurance that all drivers are
legally required to have in all states within Australia.
CTP insurance provides cover for legal liability for injury and death as a result of an
accident for which the insured (driver) is responsible – whether for other drivers,
passengers, pedestrians or cyclists.
Your entitlements can depend on the type and extent of your injuries, your personal
circumstances at the time of the accident and whether or not the accident was your fault.
What should you do?
You should report the accident to the Police as soon as possible.
It is important that you lodge your claim quickly as strict time limits apply.
There are two types of benefits you might be eligible for under the CTP scheme.
The first provides for reimbursement for reasonable and necessary medical treatment
expenses and payment for past loss of earnings.
up to a maximum total of $5,000
in the first six months after the accident
You can apply for this benefit by submitting an Accident Notification Form.
Anyone injured in a motor vehicle accident in NSW can submit an Accident Notification
Form regardless of whether or not they were at fault.
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The Accident Notification Form must be submitted within 28 days of the motor vehicle
accident.
In addition to the benefits available under the Accident Notification Form, you may also
be able to make a claim for personal injury compensation if:
the accident was caused, or mainly caused by another driver or vehicle owner, or
the accident was a blameless accident, for example, an accident resulting from
the sudden illness of the driver, such as heart attack or stroke, or vehicle failure
such as a tyre blow-out, or
you were under 16 years old at the time of the accident, regardless of who was at
fault
You may not be eligible to make a claim if you were the driver completely at fault.
The claim form for this type of compensation is called a Motor Accident Personal Injury
Claim Form and it must be lodged with the relevant CTP insurer within 6 months from
the date of the accident.
Who pays compensation?
Any compensation payable will be paid by the CTP (Green Slip) insurer of the vehicle at
fault.
Technically if you were a passenger in a car driven by a family member who was at fault,
then you would be bringing a claim against that family member, although the insurance
company would meet the compensation liability.
What does compensation cover?
You could be entitled to compensation to cover you for:
Pain & suffering you are experiencing because of your injuries.
Loss of income (past and future).
Loss of superannuation (past and future).
Medical, hospital and treatment expenses
Expenses relating to the provision of domestic assistance and care
How we can help
We recommend you seek legal assistance first before you go to the police or speak to
the insurance company or their investigators.
We can advise you on the appropriate course of action and can help you fill out the
claim form, it is extremely important to be as accurate as possible when completing the
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claim form as the information provided in that document will be relied upon by the
insurer when assessing your claim. It is critical that any claim for compensation is lodged
within the strict time limits
In our experience most of these types of claims can be settled with the insurer for
appropriate compensation without the need to go to court, provided all the relevant
evidence available is obtained and forwarded to the insurer in a timely manner.
If you need more information or if you need assistance or advice on how to proceed
please call us on 02 9191 9293 or email rahul@rnlegal.org