Under the current CTP Scheme, all persons injured in a motor accident which are not at fault can claim for the following:
Pain and Suffering Compensation - Compensation for pain and suffering is available when injuries exceed 10% whole person impairment. Compensation for pain and suffering can be substantial, and sometimes in the hundreds of thousands of dollars.
Treatment Expenses - Once the accident claim is accepted by the insurer, payments must be made for all reasonable and necessary treatment expenses that have been incurred because of the motor accident. Further, the insurer must reimburse all reasonable travel expenses associated with attending doctors or other treatment providers. A lump sum for future treatment expenses is also claimable until life expectancy.
Loss of Income claim - A claim for loss of income can be made if injuries have affected your ability to work. Further, there are entitlements to claim for future income loss if the injuries will have an impact on the ability to earn income in the future. Usually, a claim for future economic loss takes into account losses up to the retirement age of 67 years and beyond. Further, claims for loss of future income also includes superannuation entitlements.
Domestic Care and Assistance - Domestic assistance compensation can be claimed if the assistance required was directly related to the injury sustained in the accident. Quite often, it's family and friends that carry the burden when a loved one has been injured. As such, the current law allows the injured person to claim for that time, subject to certain thresholds. Further, a claim for domestic care required into the future can be made. Usually, a claim for domestic care and assistance takes into account care that is required up to normal life expectancy.
Changes to the law
The policy and law changes will have a significant impact on injured motorists. We have summarised the major policy changes below:
Persons with “minor injuries” will only be entitled to medical treatment, care and wages for a period of only 6 months post-accident. They will not be entitled to future economic loss, future treatment, or future care. The definition of “minor injury” is yet to be determined;
Loss of income/earning capacity for persons not at fault with “non-minor injuries” can only be claimed for up to three (3) to five (5) years post-accident.
Care provided by family and friends can no longer be claimed.
Persons at fault in a motor accident are now able to claim payments for medical treatment, care and wages for a period of 6 months post-accident
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At this stage the NSW Government has not released the full extent of the proposed changes. We will keep our clients up-to-date as further details come to light.
The information is current as at the date of publication of this article. The above article is of a general nature only and does not constitute legal advice. Law Advice Compensation Lawyers are experts in motor accident claims. For a free, no obligation assessment of your motor accident claim call us on 1800 122 555 or complete our Free Claim Advice Form and get the compensation you deserve.