If you have been injured in a motor vehicle accident time limits apply within which you must do a variety of things and it is important therefore that you are well advised to ensure you don’t miss out.
Once a claim is made the CTP insurer has obligations to do things both in regard to administering the claim and attending to payment for treatment expenses and appropriate reimbursements and any relevant expenses you have incurred.
The NSW Government has recently passed the Motor Accident Injuries Act 2017 which will commence in December 2017. People who are injured or lose their life as a result of a motor vehicle accident in NSW will then be subject to a new NSW Compulsory Third Party Insurance Scheme.
The reforms will have significant implications for people with rights to make CTP claims. Compensation will be determined on the basis of whether injuries are minor or more significant physical injuries and/or minor or more significant psychological injuries.
The intention of the new Act is similar to the NSW Workers’ Compensation Scheme. It aims to provide all injured people with support soon after they lodge a claim with regard to a statutory income, medical and care benefits for up to 6 months and these will apply without the need for fault to be proven.
Where injuries are soft tissue or minor psychological injuries, statutory benefits for loss of income, treatment and care will be available for up to 6 months. People who are not at fault or not mostly at fault will then be entitled to additional income support, treatment and care, according to the degree of severity.
People with moderate level injuries, up to and including 10% whole person impairment, will get up to 95% of pre-injury weekly earnings for the first 13 weeks after an accident and up to 80% to 85% of pre-injury weekly earnings after that up to a maximum capped weekly payment.
People with certain claims will be restricted in their access to a common law claim for damages.
Whether your accident falls within the present legislation or the new legislation, McLaughlin & Riordan are a firm that will ensure that your claim is managed to maximum benefit. As with any regulated compensation scheme, the devil is in the detail and we are well equipped to help you with that detail and, to make a stressful time easier.