At Stacks Goudkamp our personal injury lawyers have assisted thousands of clients over the years who have been injured in motor vehicle accidents. We know only too well the devastating effects that accidents on the road can have, and the financial stress that this can lead to.
However, if the CTP insurer of the vehicle at fault has admitted liability, and the injuries you have sustained as a result of a motor vehicle accident have prevented you from returning to work and therefore caused you financial hardship, you may be entitled to seek an advance payment against the eventual verdict or settlement of the economic loss component of your claim.
An application for an advance will need to be properly particularised to the insurer, so they can give due consideration to your request.
Firstly, you will need to prove that you have indeed suffered past economic loss since the accident. Ideally, your application should include supporting documentation confirming your earnings before the accident, and a medical certificate or other evidence confirming you were unfit for work.
Secondly, you will need to prove that as a result of your economic loss, you are under significant financial hardship. Similarly, supporting documentation confirming your ongoing financial obligations outweigh your income should be included in your application.
If the insurer denies your request for advance, it is possible to lodge a Special Assessment application to the Claims Assessment Resolution Service to have an Assessor determine the dispute.
If you are in financial hardship as a result of the injuries you have sustained in a motor vehicle accident, please do not hesitate to contact Stacks Goudkamp on 1800 25 1800 to discuss making a personal injury claim including an advance against the CTP insurer of the vehicle at fault. Alternatively you can make an online enquiry.
Written by Joy Guibani.
Joy Guibani is a Solicitor in Tom Goudkamp and Ruth Hudson’s Practice Group. Joy assists Tom and Ruth with a variety of personal injury cases but predominantly motor vehicle claims. Joy has a special interest and expertise in the interplay between Administrative Law and Personal Injury Law, which is far reaching in motor vehicle claims including LTCS eligibility decisions, MAS determinations, and CARS assessments.