- "Firths were definitely the best choice I could have made when dealing with my legal matter."
- "Without a doubt the experts in what they do. I would never have got as far without them. Firths has changed my little family's future for the better"
- "Top quality service. Always there for me when I had any questions. From the girl on the phone to the solicitor and barrister. Highly recommend."
- "Absolutely every single person I had contact with at Firths were amazing. They helped me achieve the best outcome possible."
- Recently the team at Firth’s secured for me a substantial settlement. For myself i was able to clear all my personal debt and purchase a 3 bedroom house.
- I highly recommend Firths the Lawyers to any one of my work colleagues or personal friends.
- Mr Firth exceeded all expectations for a brilliant result. I recommend Firths without hesitation and in the strongest possible terms. - Patrick
1. Do this now
- Get the registration details of the other vehicle: numberplate, make and model of the vehicle. If possible, get the name, phone number, address and insurer of the other driver. Give them your details if requested
- Take photographs of your vehicle, the other vehicle, and the scene of the accident
- Report your accident to the NSW Police within 28 days. You must do this even if the Police attend the accident. Sometimes the Police will attend an accident without filing an official report
2. Do this later
- See a doctor for medical treatment and advice. Ask for a Certificate of Capacity/Certificate of Fitness, which is essential for CTP claims
- Complete a NSW Compulsory Third Party Insurance Claim Form. Because this step must be done correctly, we can help you fill out the form
- You must lodge your form with the CTP insurer within three months of the accident. After that, you won't be allowed to make an out-of-time claim. We can help you lodge your claim
- To claim lost earnings, you must lodge your claim within 28 days of the accident. After that, you won't be allowed to make an out-of-time claim for lost earnings
What is CTP insurance?
CTP insurance means compulsory third party insurance. In New South Wales, CTP insurance is mandatory for all registered motor vehicles (except trailers). It's also referred to as green slip insurance.
CTP insurance may cover the people who are injured or killed due to an accident if the at-fault vehicle is registered in NSW.
What is a motor vehicle accident claim?
In NSW, a motor vehicle accident claim is also known as a CTP claim or a CTP insurance claim. It’s a type of compensation claim. When a person is injured or killed in a traffic accident, they (or their next-of-kin) can claim compensation from the at-fault vehicle’s CTP insurer, provided that the vehicle is registered in NSW.
Compensation is usually money awarded to someone to compensate them for their loss or injury.
Who can make a motor vehicle accident claim in NSW?
If you were injured in a traffic accident and the at-fault vehicle is registered in NSW, you could make a CTP insurance claim, regardless of whether you caused the accident. People who can claim include:
· Car and truck drivers
· Pillion passengers
Injuries can be physical or mental, or both.
When can I make a motor vehicle accident claim?
In some circumstances, you can make a NSW motor vehicle accident claim (a CTP claim) if:
- You were injured in a motor vehicle accident caused by your vehicle or another vehicle
- Your loved one was killed in a motor vehicle accident caused by their vehicle or another vehicle
Strict time limits apply for making a claim. You must
- Report your accident to the NSW Police within 28 days, even if the Police attended the accident
- You must lodge your form to the CTP insurer within three months of the accident
- If you wish to claim lost earnings, you must lodge your claim within 28 days of the accident
It's critical that you meet these strict deadlines. Often, insurers won't accept CTP claims if the deadline has passed.
Frequently Asked Questions
How much will it cost to make a motor vehicle accident claim?
For many compensation claims, we offer a no-win-no-fee arrangement. It means that you only pay our legal fees if you receive a compensation payment from the CTP insurer.
We don't require any upfront payments, and we'll give you a fixed quote for our legal costs (which we will only charge if your claim is successful). Likewise, we don't charge you for other expenses (such as medical report fees and court fees) until the end, and only if your claim is successful.
We believe that certainty about your legal expenses can go a long way to reducing your stress.
What are common law damages?
If you were seriously injured in a traffic accident that wasn't your fault (or was partly your fault), you might be eligible to make a common law damages claim.
A common law damages claim is a legal claim against another party where their negligent act or failure to act caused you serious injury or death. Negligence is a legal term that means a person failed to take reasonable care to avoid injuring you.
These types of claims are lump-sum claims. If you're successful, you are paid a lump-sum of money to compensate you for:
- Economic loss, for example, your injuries prevent you from earning an income or operating your business
- Non-economic loss, for example, the pain and suffering you've experienced due to your injuries
You can claim either or both of these things.
Suppose you were partly responsible for the accident. In that case, you may not receive as much money as you may have if the accident was entirely the fault of the other party. This concept is known as contributory negligence. Examples of contributory negligence include not wearing a seatbelt or drink driving.
You must prove a certain level of permanent impairment when claiming common law damages. There are also rules about what you're entitled to claim. If you're seriously injured in a motor vehicle accident, we recommend that you seek our legal help as soon as possible. We can help you decide whether to make a common law damages claim and guide you through the process.
What kind of loss do I need to prove to claim compensation for pain and suffering?
In December 2017, changes to the CTP insurance system in NSW came into operation, making it harder for injured accident victims to claim compensation.
You can claim compensation for pain and suffering only if you're medically assessed as having more than 10 per cent whole person impairment (WPI). WPI is the level of permanent impairment you've suffered because of the accident. It's used as a way of working out how much lump-sum compensation you're entitled to receive.
Since the introduction of these changes, we've found that many people with significant injuries are missing out on pain and suffering compensation. It’s happening because they're often assessed as having less than 10 per cent WPI.
It highlights the significant impact of an experienced traffic accident lawyer on a CTP claim for pain and suffering compensation. We have considerable experience working with the NSW guidelines and understand how to structure claims to ensure the best result for you.
How do I work out which insurer is relevant to my claim?
Can I make a CTP claim if I'm charged or convicted of a drink driving offence?
You can't make a CTP claim for personal injury benefits if you're charged with a serious traffic offence as a result of the accident. Personal injury benefits include income support payments, medical expenses and vocational rehabilitation.
Whether a drink driving offence is considered a serious traffic offence will depend on your blood alcohol levels at the time of the accident. If you're charged with a drink driving offence in connection with a traffic accident, contact us for urgent legal advice.
Can I make a CTP claim if the car was uninsured?
If your car is uninsured and you caused the accident, you can't claim personal injury benefits such as income support payments, medical expenses and vocational rehabilitation.
Suppose you were injured in an accident caused by an uninsured vehicle. In that case, you might be able to make a CTP claim against the nominal defendant. The nominal defendant is a government body that can compensate people who are injured in a traffic accident caused by someone who either:
1. Can’t be found or identified; or
2. A driver without CTP insurance
It’s a way of making sure you're not unjustly prevented from making a claim.
Can I make a CTP claim if my accident was work-related?
Depending on the circumstances, work-related accidents can include:
· Injuries involving people who drive as part of their employment, for example, truck and bus drivers
· Injuries caused when a worker was driving to or from work, or to or from a work-related appointment
Sometimes, work-related definitions are a grey area requiring legal interpretation. For example, when a person is travelling to or from work.
You may be able to make a CTP insurance claim as well as a claim for workers' compensation.
How long will it be before I receive compensation from the CTP insurer?
The amount of time it takes to receive CTP compensation will vary depending on the circumstances of the accident and the complexity of the legal issues.
The insurer must write to you within three months of receiving your claim. It must let you know whether it accepts liability. Accepting liability means that the insurer will pay you compensation.
Sometimes, the insurer may pay some medical expenses before accepting your claim if you need urgent medical treatment and help with the costs. However, these payments don't guarantee that the insurer will accept liability.
How do I make a motor vehicle accident claim?
Regardless of whether you were at fault, you should try to collect information immediately after the accident, including:
· The registration details of the other vehicle
· The name, address, and phone number of the owner of the vehicle
· The name, address and phone number of the driver of the vehicle (if they're not the owner)
· The name of the vehicle owner's CTP insurer
You should also take photos of the accident and report it to the NSW Police as soon as possible. You need to make a Police report regardless of whether the Police attend the accident.
We recommend that you get in touch with us as soon as possible after the accident. We'll advise you what you can claim and help you complete and lodge the claim form. If you weren't able to get insurer details from the other driver, we'll do some research to identify the correct insurer.
It’s critical to get legal advice as soon as possible after the accident. We've found that many people have difficulties completing the claim form, which can cause ongoing problems for the life of the claim.
You need to make sure that your claim is lodged within 28 days of the accident if you wish to claim lost earnings. Lodge the claim within three months of the accident I f you’re not claiming lost earnings. If you don't meet these deadlines, you may miss your opportunity to make a CTP claim.
What can I claim?
If the accident was on or after 1 December 2017, you might be able to claim for any number of things, including:
· Weekly support payments for past and future lost earnings
· Reasonable past and future medical and rehabilitation expenses
· Lump sum compensation for serious injuries
· Funeral expenses
· Financial support for a dependent
· Past and future care
· Pain and suffering
· Other expenses
For accidents before 1 December 2017, we recommend seeking legal advice before making a claim.
In some circumstances, you can ask the insurer for an advance payment before your claim is finalised. For example, this may be necessary if your injuries prevent you from working. We can negotiate this for you.
CTP insurance doesn't cover property damage, so you can't claim any damage to your vehicle or other property. Instead, you need to check other insurance policies for property damage cover. For example, car insurance, building insurance or public liability insurance.
What can I do if I disagree with the insurer’s decision?
You can ask for an independent body to review your claim and make a recommendation if:
1. The CTP insurer has refused your claim; or
2. You disagree with the amount of compensation offered
If you disagree with the recommendation, you may be able to take court action in some circumstances. However, you must file the court action within three years of the date of the accident.
How can Firths help me?
Our legal support and advice extends from the time of injury to the finalisation of your claim. Often, specific expert evidence is required to establish that the at-fault driver’s insurer should accept liability.
Because expert insurance lawyers advise insurance companies, we recommend engaging your own expert lawyer to help you secure the best compensation for your situation.
- Free legal advice and claim assessment
- Improved chances of success
- Less stress for you
- Funding for your case
Get in touch to discuss your CTP insurance claim.
We’ll support you through your motor vehicle accident claim