What Compensation You Can Expect After a Car Accident

Car accidents can cause a lot of stress and trouble. Besides the possible physical injuries, there can be all sorts of damages, costs and repercussions involved. Through all of these difficulties, it is important that you take the right steps to protect yourself. At Motorlegal, we aim to protect these rights and ensure that all motorists get the compensation that they deserve.

CTP compensation payouts (compulsory third-party insurance), are regulation payouts that have been put into place to help those who have been involved in a car accident. Many people may have never even heard about CTP before, even though it is a system that offers amazing help if you have been injured in an accident. This type of insurance works to protect all road users, and it is something you will be grateful about in the case of damage.

While we cannot always control when a car crash may occur, it is crucial to know that we are covered and safe. This way, we can get the compensation we deserve when it is required. When looking at what kind of settlement you could expect after a car accident, CTP compensation payouts are important to understand.

What is CTP insurance?

In Australia, CTP insurance is the minimum requirement for road users to be covered with. While each state has its own rules, regulations and providers, CTP remains a necessary factor for motorists across the country. In Western Australia, there is only one CTP insurer – the Insurance Commission of Western Australia (ICWA).

CTP compensation payouts are there to protect those who get hurt in a motor vehicle accident. If you have been injured in an accident due to partial or complete fault of another vehicle, then this type of insurance is there to protect you. Basically, CTP insurance will cover you in the event of an accident where you were harmed because of somebody else.

This type of insurance, which applies in any part of Australia, is fault based. This is to say that an injured party of the accident will need to prove liability, and establish negligence on the part of the other driver. Basically, the injured person would need to prove you were negligent in order to be compensated.

The CTP division of the ICWA manages all the claims resulting from accidents that involve WA licensed vehicles.

When Can You Claim CTP Compensation Payouts?

Knowing when and under what conditions you can claim CTP compensation payouts are important to understand. There are two main factors which need to be met in order to claim from CTP.

Firstly, you need to have sustained an injury directly from the accident. This kind of protection is specifically for the purpose of aiding those who were hurt in an accident. If the damage was only done to your vehicle, then CTP will not compensate.

Secondly, the injury sustained needs to be at the fault of another driver. This is something that you will need to prove in order to claim as CTP compensation is fault based.

However, if nobody was at fault in the accident, there are still some conditions under which you could claim. These include:

  • The driver at fault of the accident being uninsured
  • You could not properly identify the driver in the accident
  • Death or serious injury was a result of the accident

How to Claim

In order to claim your CTP compensation payout, there are a number of things you will need to do. Immediately after the accident, you will need to collect as much information on the event as you can. This includes the other driver’s details (full names, contact details, registration and insurance details), contacts of any witnesses to the accident, and whatever photo evidence you can source. Having all of this information at hand will really help the claims process.

You will then need to go to the police. In order to make a CTP claim, you are required to have a police report. This you can do either at the nearest police station, or you can fill out a Traffic Incident Report online. Besides the insurance aspect, it is important to note that any car crash that results in a form of injury does need to be reported.

Visiting a doctor is another necessary step. You will need to get medical advice and attention to your injury. You will also need to keep any medical forms, reports or receipts.

It is then necessary to fill out a claim form. In order to complete your claim, the other party’s insurer has to receive a Notice of Accident form. This needs to be done within 9 months of the accident. Filling out this form is where all the information and contact details which you previously acquired will come in necessary.

Do I Need CTP Insurance?

This kind of insurance is a necessary legal requirement for all Australian drivers. CTP insurance actually comes included in your motor vehicle license and is automatically applied each time you renew it. Some states, however, have separate third-party CTP insurers which you can choose from.

What Kind of Compensation Can You Expect?

There are different legal requirements which need to be met in order to produce your CTP compensation payout. There are also a variety of factors which help to determine exactly what kind of compensation you could expect after the accident.

Your eligibility and compensation of these payouts depend on the severity of your injuries. You may need to take an Injury Scale Value medical assessment which gives you a number based on your injuries. This is then associated with a monetary value.

As each case and claim is very different depending on the circumstances, it is important to understand that there is no one single kind of compensation you can get. The severity of the accident and injuries is what measures the kind of compensation.

What About Non-Pecuniary Loss?

When you suffer an injury as a result of a car accident, it can set you back in more ways than one. Besides the physical afflictions, there can be a range of other damages, not associated with money, which occur. This is what is meant by a non-pecuniary loss claim. Even though they are intangible, they are important.

Non-pecuniary losses come in a variety of different forms. Pain and suffering is one of them. There are instances where, after being injured in an accident, ongoing medical procedures or operations need to be carried out to address a problem. Of course, this may result in lengthy treatment periods and can be a very serious matter.

Psychological damages are also included here. An example would be road accident victims suffering from Post-Traumatic Stress Disorder (PTSD) – often a long going issue.

Another type of non-pecuniary loss can come in the form of loss of amenity. This is when you lose the ability to perform certain motor actions which you used to be able to do before the accident. This can also be connected to PTSD and is detrimental to people who lose an invaluable skill as a result of a car accident.

When it comes to making a claim for compensation, the above points are also factors to be considered. As you can see, each claim can become very unique. The assessment of the damages resulting from your car crash injury, often stretches further than face value.

Be Fully Covered

Car accidents and insurance claims have many different factors to them. Having CTP is a necessary legal requirement, but this does not mean that it is everything you may need. Many people only find out once it is too late that this type of insurance does not actually cover other expenses.

Vehicle damages and repairs can cost you thousands of dollars. This can be a completely unexpected expense, and if you are not prepared and covered, it can cause some serious damage to your finances. In this kind of event, it really isn’t worth the risk of not being fully covered.

The most popular style of car insurance policy in Australia is comprehensive car insurance. This kind of cover will protect you against damage to vehicles and property, and can seriously save you when you need it. CTP insurance will cover for injury, but in the case of damages and repairs, it is important to be more fully covered. This is an expense which can seriously prove its value over time.

The Settlement Process

No matter how bad your injuries or damages may be, results from CTP compensation payouts can take time. As claims are unique and require individual attention through the circumstances, getting your settlement can be a process. There can be all sorts of conditions and limits which could affect your claim.

If you need solid professional advice on motor claims and settlements, please feel free to contact us at Motorlegal. Our aim is to protect injured motorists through their rights, in order to get you the settlement you deserve.