Your application for personal injury benefits is managed by the insurance company that will make your payments. So the insurer interprets the law and calculates how much to pay you. But if you follow a few simple tips, you can dramatically increase how much compensation you receive. CTP Claim Advice contains articles, videos and step-by step guides from legal specialists to help you claim your full entitlements.
Before you lodge your application for personal injury benefits, take a few minutes to understand what you might be entitled to and how your application will be assessed. Then you can follow our Step by Step Guide to lodging your application for a detailed explanation of what to do next.
The first thing to understand is that the CTP scheme is managed by the State Insurance Regulatory Authority – SIRA. However, SIRA doesn’t actually look at your CTP claim – you application goes straight to the insurer. The information provided by SIRA is designed to help you understand the process and lodge your claim, but it won’t tell you how to maximise your claim.
If you haven’t already done so, we recommend you read our article on what you need to know before you lodge your claim for personal injury benefits.
If you’re ready to start your application, this article will explain how to make sure you claim your full entitlements. You’ll need to have:
Under the CTP scheme many people are being under-paid* or having their benefits cut off before they’ve fully recovered. The biggest mistake you can make is simply accepting the insurer’s decision – the truth is, you may well be entitled to compensation you’re not being told about. The articles and videos in this section show you how to assess the insurer’s decision, and dispute it if it’s unfair to you.
After you’ve lodged your statutory benefits claim, the insurer will send you a liability statement within 28 days. This letter will state the insurer’s decision on whether your injuries are minor, who was at fault in the accident and what payments you’ll be entitled to. But their decisions can be challenged, so it’s important that you check your payments and dispute them if you believe they’re wrong.
Here’s an explanation of how your statutory benefits, or weekly payments, are calculated by the insurer for the first six months after your accident. Firstly, if you’ve had any “reasonable and necessary” medical, treatment or care expenses, these will be paid back to you. Then there’s income support – the weekly payments that cover your lost income if you need time off work. For the first 13 weeks the maximum is 95 percent of your pre-accident earnings, then after 14 weeks the maximum is 85 percent.
If your injury has been assessed as non-minor and you weren’t the driver at fault, you’re entitled to make a common law damages claim for a lump sum, to cover your income loss and pain and suffering. The articles and videos in this section show how to successfully claim your lump sum.
If your injuries have been assessed as non-minor and you weren’t the driver at fault, you’re entitled to make a common law damages claim for a lump sum. A lump sum claim is the only way to get support beyond 24 months after your accident, and these lump sum payments can be substantial.
But before you lodge your claim for a lump sum, take some time to understand how the lump sum claim process works, to make sure you give your application the best possible chance of success. Then, when you’re ready, follow our step-by-step guide to lodging a lump sum claim.
If you haven’t already done so, we recommend you start by reading our article on what you need to know before you lodge a lump sum claim.
If you’re ready to start your application for a lump sum, this article will guide you through the process.
Step 1 – Check your eligibility
As long as your injuries have been assessed as non-minor, and you weren’t mostly at fault in the accident, you can make a lump sum claim for past and future loss of wages.
Here you’ll find links and downloads to help you lodge your claim, check your payments, lodge a dispute with the insurer or claim a lump sum.