Personal Injury
CTP Compensation Claims

The timeframe for making claims varies, depending on the type of claims and the circumstances of the accident. It is very advisable for a claim to be lodged as soon after the accident as possible so that time limitation deadlines are not inadvertently missed.

The process differs according to when the accident happened. If the accident occurred before 1 December 2017 a Personal Injury Claim Form must be submitted within 6 months of the date of the accident. Other time limitation periods apply for lodging claims for accidents which occur after 1 December 2017. The first thing to be lodged is an Application for Personal Injury Benefits.

Yes, definitely. Compensation will be paid if you, as the injured person, is able to prove that the driver of a motor vehicle was at least partly to blame, regardless of whether you were also to blame. This is called contributory negligence. What this means is that if you are found guilty of any contributory negligence, the amount of compensation to which you will be entitled will be reduced by the percentage of your fault in causing the accident. For example, if the contributory negligence by you is 50% your compensation will be halved.

Whilst it is not compulsory to engage a lawyer to assist you with your claim, it is very wise to do so, particularly as the CTP/Green Slip insurer will have to pay most of your legal costs at the end of your claim, if your claim is successful.

It is a very stressful thing for an injured person to grapple with the complexities of our compensation scheme and to deal with insurance companies or their lawyers. The insurers are obligated to pay medical expenses etc, but no insurer is obliged to be reasonable when it comes to assessing the compensation to which you are entitled. That takes expert knowledge and experience, and significant negotiating skills if you are to receive the maximum compensation.

Yes. Psychological injuries such as depression, anxiety, post-traumatic stress disorder, panic attacks, nightmares etc, are just as serious, if not more serious, than physical injuries. If your psychological/psychiatric injuries are serious you may well be entitled to receive very significant compensation for pain and suffering and loss of earnings and earning capacity.

CTP insurance provides two distinct types of compensation, and understanding the difference is crucial to maximising your entitlements.

Statutory Benefits (no fault claims):

• Available regardless of who was at fault for the accident
• Cover medical expenses, treatment costs, and rehabilitation
• Provide partial wage replacement during recovery
• Include domestic assistance if you cannot perform household tasks
• Medical expenses continue for 5 years, then transfer to Lifetime Care and Support if needed
• These benefits are available immediately and do not require proof of negligence

Common Law damages (fault-based claims):

• Only available if you can prove another driver was at fault (wholly or partially)
• Paid as a single, once-and-for-all tax-free lump sum
• Include compensation for pain and suffering (if whole person impairment exceeds 10%)
• Cover past and future loss of wages and earning capacity
• May include funds management costs if brain injury prevents managing money
• Do NOT include future medical treatment or care costs (these remain covered separately)

Most seriously injured people pursue both types of claims:

• Statutory Benefits provide immediate support during recovery
• Common Law damages provide long-term financial compensation once injuries stabilise

Your lawyer will ensure you access all benefits and compensation to which you’re entitled under both streams of the CTP scheme.

The Lifetime Care and Support (LTCS) scheme is a no-fault scheme that provides lifetime treatment, rehabilitation, and care for people who suffer catastrophic injuries in motor vehicle accidents in New South Wales.

Catastrophic injuries that qualify include:

• Spinal cord injuries resulting in paraplegia or quadriplegia
• Traumatic brain injuries causing permanent impairment
• Amputations of two or more limbs
• Permanent blindness
• Severe burns to a significant proportion of the body

What the scheme provides:

• All necessary medical treatment and rehabilitation for life
• Attendant care and domestic assistance for as long as needed
• Aids and equipment such as wheelchairs, prosthetics, communication devices
• Home modifications to accommodate disabilities
• Modified vehicle and transport costs
• Workplace and education support

Key features:

• No fault – you don’t need to prove anyone was negligent
• Lifetime coverage – support continues for as long as you need it
• Separate from Common Law damages – you can claim both
• Takes over responsibility from the Green Slip insurer after 5 years
• Application must be made within specific timeframes after the accident

If you’ve suffered catastrophic injuries, your lawyer will ensure you’re assessed for LTCS eligibility and that all necessary applications are lodged promptly. Acceptance into the scheme provides invaluable security and support for the rest of your life.

The amount of compensation for pain and suffering depends on the severity of your injuries, measured by whole person impairment (WPI).

Threshold and maximum:

• You must have a WPI greater than 10% to claim pain and suffering compensation
• The current maximum is $605,000 (as at the date of this document)
• This maximum amount increases on 1 October each year
• The maximum is only awarded in the most severe cases

How pain and suffering is assessed:

• A medical assessor evaluates your injuries and assigns a WPI percentage
• The higher your WPI, the greater your pain and suffering compensation
• Multiple injuries are assessed together to determine overall impairment
• Both physical and psychological injuries contribute to the WPI assessment
• The assessment must occur after your injuries have stabilised

Important points:

• Pain and suffering is separate from economic loss compensation (wage loss, future earning capacity)
• There is no maximum limit on compensation for economic losses
• If you were partly at fault, all compensation (including pain and suffering) is reduced proportionally
• Your lawyer will ensure you receive proper medical assessments to maximise your WPI rating

The pain and suffering component is just one part of a Common Law damages claim. Your total compensation can be much higher when economic losses (past and future wage loss, loss of earning capacity) are included.

You can still make a compensation claim even if the at-fault driver was uninsured or cannot be identified (such as in hit-and-run accidents). These claims are made against the Nominal Defendant.

What is the Nominal Defendant:

• A fund administered by the Motor Accidents Authority
• Funded by contributions from all CTP insurers
• Handles claims where the at-fault vehicle was uninsured or unidentified
• Allocates claims to one of the CTP insurers to manage on its behalf

When to claim against the Nominal Defendant:

• Hit-and-run accidents where the driver fled and cannot be identified
• The at-fault vehicle was not registered
• The at-fault vehicle did not have valid CTP insurance
• The vehicle that caused the accident cannot be identified despite reasonable enquiries

Important requirements for Nominal Defendant claims:

• You must conduct “due enquiry and search” to try to identify the vehicle/driver
• This includes reporting to police, checking CCTV, placing newspaper notices, interviewing witnesses
• These enquiries must be made promptly after the accident
• Failure to conduct proper enquiries can result in your claim being rejected
• Nominal Defendant claims are often more heavily scrutinised and investigated by insurers

Compensation available:

• The same compensation is available as if the driver was identified and insured
• You can claim both Statutory Benefits and Common Law damages
• You still must prove the unidentified/uninsured driver was at fault

If you’ve been injured in a hit-and-run accident or by an uninsured driver, it’s crucial to contact an experienced lawyer immediately. We’ll conduct the necessary enquiries, preserve evidence, and protect your right to claim against the Nominal Defendant.

The exceptional motor vehicle accident lawyers at Stacks Goudkamp have many decades of experience in handling personal injury compensation claims, including CTP/Green Slip claims. They enjoy a very impressive track record of success.

Expertise and experience:

• Many decades of experience handling CTP claims
• In-depth knowledge of the law and procedure
• Tremendous practical experience in dealing with insurers
• Very impressive track record of success

Financial resources:

• We act on a no win, no pay basis
• We pay all disbursements during the course of your claim
• This includes significant costs of medico-legal expert reports, liability expert reports, and court filing fees
• You pay nothing during your claim

Client-focused approach:

• Extremely compassionate lawyers who care about their injured clients
• Always put the interests of clients front and centre
• Very reliable and in tune with the suffering and anxiety of injured clients
• Carefully explain all aspects of cases so clients can make well-informed decisions

Handling complex claims:

• Expert at navigating complex and stressful claims
• Skilled at managing strict time limits and tricky procedures
• Experienced in handling difficult issues of liability and contributory negligence
• Effective at dealing with insurers who strictly contest claims or dispute injury severity
• Strong negotiating skills to ensure you receive maximum compensation

We encourage you to read our success stories page on our website in relation to CTP injury claims which we have successfully handled.