Personal Injury
CTP Compensation Claims

CTP insurance, also known as Green Slip insurance, provides monetary compensation to road users who are injured, or to the relatives of those who are killed, in motor vehicle accidents in New South Wales.

It is compulsory for all NSW vehicles to be covered by Green Slip insurance. This is not to be confused with property damage insurance. Green Slip insurance covers only personal injuries compensation.

There are a number of different claims available to anyone injured, or to the relatives of anyone killed, in motor vehicle accidents.

The first type is a no fault claim for Statutory Benefits. The Statutory Benefits include payment of the injured person’s medical expenses, loss of wages or income and domestic assistance.

In fatal accidents the Green Slip insurer is obliged to pay reasonable funeral expenses, regardless of who was at fault.

Importantly, the Green Slip insurance scheme provides significant compensation to road users who have suffered serious injuries and loss and who can prove that the accident was the fault, or partial fault, of the driver of a motor vehicle (cars, buses, trucks, motor cycles, trams and even trains). Compensation of Common Law damages are paid as a tax-free, once and for all payment. Once a Common Law claim for damages is finalised, that’s it. There is no coming back for more if future losses have not been properly taken into account at the time of settlement, assessment or court hearing.

In fatal motor vehicle accident cases, relatives who were financially and/or personally dependent on the deceased are entitled to be compensated pursuant to the Compensation to Relatives Act. These claims can be very significant indeed, especially if the deceased was a high income earner and family members were at least partially, if not totally financially dependent on that person.

Common Law damages claims do not include claims for the cost of future medical treatment, therapy, psychological counselling and the like. Nor does it include any claim for future care/domestic assistance. These costs continue to be paid by the Green Slip insurer for 5 years after the accident. Thereafter, the responsibility for paying these costs shifts to the Lifetime Care and Support scheme, for as long as the injured person needs medical treatment and/or care.

In cases where the injured person lacks the mental capacity, under advice or to make decisions and give instructions to manage a large sum of money, because of severe brain injury, the Common Law damages claims include the cost of funds management. This funds management cost varies depending on the amount of the funds to be invested. The costs can be very significant.

Very few Common Law damages claims that arise from injuries suffered in motor vehicle accidents go to court. Most are either settled or assessed by an assessor, now called a member, of the Personal Injury Commission. If, however, liability is strongly in dispute and/or the injured person is a minor and/or the injured person has such significant brain damage that he or she is unable to provide instructions or to understand the nature of the proceedings, the claims will be decided by a judge of the District Court.

Where claims are settled for minors, or for claimants with severe brain injury, a judge of the District Court must approve any proposed settlement. Any application for an appointment of a Funds Manager must be made in the appropriate division of the New South Wales Supreme Court.