If you have been injured as a result of a road accident, and wish to make a claim for compensation, there are certain steps which you must take within a certain time line. Otherwise, if you allow too much time to lapse, it is possible that you may be statutorily barred from bringing a CTP claim.
The initial steps that must be taken are as follows:
1. Report the accident to the Police
The accident must be reported to the Police within 28 days of the accident. Failure to do so could defeat the claim.
Make sure to take note of the Police Event Number.
2. Determine the CTP insurer of the vehicle that caused the accident.
This is easily done by contacting the Claims Advisory Service (CAS) of the State Insurance Regulatory Authority (SIRA) on 1300 656 919. They will ask you some details of the accident such as, the name of the other driver, the registration details and the date of the accident. CAS will then advise you the relevant CTP insurer. It would be any of the following: NRMA, Allianz, GIO, AAMI, QBE, TAC etc.
If the identity of the vehicle at fault is unknown (eg. hit and run) or there is no Green Slip insurance (ie the motor vehicle is unregistered) the claim will be brought against the Nominal Defendant. In this event, you must conduct due enquiry and search to try and ascertain the identity of the vehicle.
3. Accident Notification Form (ANF)
The ANF needs to be lodged with the CTP insurer within 28 days of the accident. Upon receipt of the ANF the insurer will fund your treatment expenses for the first 6 months from the date of the accident or up to $5,000, whichever expires first.
Note that the last page of the ANF is a medical certificate. This needs to be filled out by a treating doctor/general practitioner. It is important that the doctor notes all the injuries sustained as a result of the accident.
The ANF can be downloaded from SIRA’s website.
4. Personal Injury Claim Form
If you find that you have used up the $5,000 available under the ANF or the 6 months period after the accident is looming, and you still have ongoing symptoms, requiring treatment, suffering economic loss or having difficulties with your employment as a result of the injuries sustained from the accident, you will need to lodge a Personal Injury Claim Form (PICF) on the same insurer.
The PICF needs to be lodged within 6 months of the accident. This is very important to note. If you do not lodge a PICF within 6 months then it is very likely that the insurer will close your file. It will be very difficult to bring a claim after 6 months if the PICF is not lodged within that time frame.
The PICF can also be downloaded from SIRA’s website here.
If you have been involved in an accident, then you may be entitled to compensation. To arrange your free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 46 8362, or make an online enquiry.
Written by Joy Guibani.
Joy Guibani is an Associate & 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.