What is a CTP claim?

Date Published: June 22, 2023

Lots of people know the phrase “CTP claim”, but they don’t know what a CTP claim actually is.


Unfortunately, this means many riders are missing out on potential entitlements.


So, what is a CTP claim? And are you eligible?


THE HEADLINES


If you don’t have time to read this whole article, here are the headlines:

  • CTP insurance = compulsory third party insurance (the compulsory insurance you pay for with your rego)
  • CTP claim = a compensation claim through CTP insurance
  • You may be eligible to bring a CTP claim if:
    • You were involved in an incident that was caused wholly or partly by another vehicle; AND
    • You were injured as a result of the incident; AND
    • You have suffered loss as a result of your injuries (e.g. treatment costs, time off work, etc.)
  • A CTP claim is brought against the CTP insurer of the at-fault vehicle (not your CTP insurer)
  • You can be compensated for loss suffered as a result of your injuries, such as:
    • Loss of income
    • Treatment expenses
    • Care and assistance
    • Pain and suffering)
  • The amount of compensation depends on your specific circumstances – sometimes it’s millions, sometimes it’s thousands – chat to a lawyer for an assessment
  • A CTP claim can take around 18 months (sometimes more, sometimes less), but it depends on your specific circumstances

WHAT IS THE POINT OF A CLAIM?


A CTP claim is a type of compensation claim.


A CTP claim is designed to compensate you for the loss you suffer as a result of injuries sustained in an accident.


WHO CAN BRING A CLAIM?


To be eligible to bring a claim, you must prove:

  • You were injured; and
  • Your injuries were caused by a motor vehicle; and
  • Your injuries were caused by another person’s negligence.

There are all sorts of ways that you might meet this criteria. Here are a few examples.


Example 1: Motorcycle vs Car


You’re riding your motorcycle lawfully. A car crosses onto the wrong side of the road and collides with your motorcycle. You sustain injuries.


The car driver’s negligence caused the accident. You would be entitled to bring a claim.


Example 2: Pillion vs Rider


You’re a pillion passenger on a motorcycle. The rider of the motorcycle loses control of the motorcycle and you both come off. You sustain injuries.


The motorcycle rider’s negligence caused the accident. You would be entitled to bring a claim.


Example 3: Family Member of Deceased


Your spouse is riding their motorcycle lawfully. A truck fails to give way and collided with the motorcycle. Your spouse dies, and you suffer a psychiatric condition from finding out.


The trust driver’s negligence caused the accident. You would be entitled to bring a claim.


More Examples


There are many, many more examples of people that might be eligible to bring a claim.


If you’re wondering whether you’re eligible, feel free to contact us. We offer free consultations, and we’re happy to help you figure out whether you’re eligible.


WHO IS THE CLAIM AGAINST?


Your claim is against the compulsory third party (CTP) insurer of the vehicle that was at-fault for the accident.


It is not against your own CTP insurer.


The at-fault driver/rider will not be responsible for paying your compensation.


WHAT KIND OF COMPENSATION CAN YOU CLAIM?


A CTP claim is designed to compensate you for the loss you suffer as a result of your injuries. Compensation is usually split into different categories.


Economic Loss


You can be compensated for any economic loss you suffer as a result of your injuries.


That can include:

  • Lost wages
  • Time off work
  • Use of leave
  • Business losses
  • Loss of opportunity (e.g. jobs, promotions or pay increases)

Treatment Costs


You can be compensated for any treatment expenses you incur as a result of your injuries.


That can include:

  • Surgery and hospital costs
  • Specialist treatment
  • Physiotherapy
  • Massage
  • Counselling
  • Psychiatric treatment
  • Medication
  • Equipment and aids


Domestic Services


You may be compensated for any domestic services you received (including, sometimes, assistance you received for free from friends and family).


General Damages


You may be compensated for pain, suffering and loss of enjoyment of life.


And More…


There are other categories of compensation, such as other out-of-pocket expenses, workplace adjustments, vehicle modifications, home modifications, and more.


The exact type of compensation you may be eligible for depends on your specific circumstances.


HOW LONG DOES A CLAIM TAKE?


The duration of a CTP claim depends on your specific circumstances (including the severity of your injury, how well you recover, how much your symptoms are fluctuating, and so on).


Is There a Rough Timeline?


A typical CTP claim can take around 18 months. But again, it depends on your situation.


Why Does It Take That Long?


It’s important to monitor your injuries over time, to make sure you understand the long term impacts of your injuries.


Many medical specialists agree that an injury only stabilises after about 12 months. Before then, your symptoms might go up and down. Once your injury stabilises, we can make better predictions about the long-term impacts of your injury (including what your long-term loss is likely to be, and how much compensation you are entitled to).


If you resolve your claim too soon, you risk not being compensated properly.


HOW DO YOU START A CTP CLAIM?


The process for starting a CTP claim can vary depending on your situation (e.g. whether the incident was reported to police already, whether the other vehicle has been identified, how much time has passed since the incident, etc.).


Contact Us, tell us a little bit about your situation, and we'll help you figure out what the first step is for you.


QUESTIONS?


If you want to know what your potential entitlements are, or if you have any questions at all, feel free to Contact Us.


Our friendly team would be happy to talk through your options, so that you know where you stand.


Our consultations are free (that’s right, there’s no cost to you), so don’t be shy to reach out.


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