If you were at fault in the accident, you’re not entitled to claim a lump sum. However, in some accidents there’s not necessarily just one driver at fault – it may be determined that each driver was partially at fault. In that case, you may still be entitled to claim a lump sum, although the payment may be reduced to allow for your “contributory negligence”.
If the insurer has determined that your injuries are minor, it could use that as grounds for rejecting your lump sum claim. However, you may be eligible to have your injuries re-assessed, and if that assessment shows that you have a non-minor injury, then you may be eligible to claim a lump sum. This would apply if you have:
If your claim has been rejected because you missed the deadline, you should talk to a specialist CTP solicitor to determine whether there are extenuating circumstances that might allow you to submit your claim outside the usual deadline. You can call our free advice line for more information on this.
To be eligible to claim pain and suffering, your injuries need to have been assessed as greater than 10% WPI. So if your assessment shows less than 10% WPI, then the only way to claim pain and suffering is to have your assessment changed. An experienced CTP solicitor can advise you on whether your injuries have been assessed correctly, and whether there’s a possibility of presenting new evidence that might change your assessment.
Lump sum claims are complex, but the amounts can be substantial. If you’ve had your claim rejected, don’t assume that’s the end of the matter – talk to a specialist CTP lawyer and find out what your options are. You can call our free advice line and one of our specialist lawyers will be happy to assess your claim.
Determine why your claim was rejected.
Lodge a dispute if you think key information has been missed or new information has come to light.
You can call our free advice line if you need help.