If you have been injured in a car accident in New South Wales, you may be entitled to compensation under the Compulsory Third Party (CTP) insurance scheme. Understanding the types of CTP claims available can help you know what you are entitled to and what steps to take next.
At Law Works Compensation Lawyers, our Principal Lawyers Angelica Villar and Nadene Alawie help people across Sydney navigate the CTP process and secure the compensation they deserve. We operate on a no win no fee basis, which means you don’t pay legal fees unless your claim is successful.
What Is CTP Insurance?
CTP insurance is mandatory for all registered vehicles in NSW. It provides cover to anyone injured in a motor vehicle accident, whether they were a driver, passenger, pedestrian or cyclist. The policy is designed to pay for reasonable treatment expenses, lost income and care support for people injured through the use or operation of a motor vehicle.
The scheme is regulated under the Motor Accident Injuries Act 2017 (NSW) and administered by the State Insurance Regulatory Authority (SIRA.
Two Main Types of CTP Claims
There are two primary types of CTP insurance claims in New South Wales. Which type applies to you depends on your injuries and whether you were at fault in the accident.
1. Statutory Benefits Claims
This is the most common type of claim and is available to most people injured in an accident. Sometimes even those partly at fault. It provides short term financial and medical support while you recover.
Under a statutory benefits claim, you may be entitled to:
- Weekly payments for loss of income
- Payment of medical, hospital and rehabilitation expenses
- Support for domestic and personal care if required
Statutory benefits generally cover the first 52 weeks after your accident. After that period, your entitlement continues only if your injuries are classified as non threshold injuries and you were not mostly at fault.
2. Common Law Damages Claims
If your injuries are serious and another person was at fault, you may be able to make a common law damages claim. This type of claim allows you to seek lump sum compensation for your pain and suffering and your future loss of earnings.
To be eligible, your injury must be assessed as a non threshold injury and there must be evidence that another party’s negligence caused or contributed to the accident.
Common law claims usually cannot be finalised until at least 20 months after the accident, as your injuries need to stabilise before being properly assessed.
Threshold vs Non threshold Injuries
In the CTP scheme, injuries are classified as either threshold or non threshold. This distinction affects what benefits you can receive.
- Threshold injuries include soft tissue injuries such as whiplash and minor psychological conditions.
- Non threshold injuries include fractures, nerve damage, surgeries or diagnosed psychological disorders such as PTSD or major depression.
If you are unsure how your injury is classified, it’s important to get legal advice. At Law Works, we can arrange an independent medical assessment and guide you through the process.
Time Limits for CTP Claims
Strict time limits apply. You should lodge your claim with the insurer within 28 days of the accident to ensure you receive full weekly payments. Claims can still be made up to three months after the accident, but delays can reduce your entitlements.
How Law Works Compensation Lawyers Can Help
At Law Works Compensation Lawyers, we help injured people across Sydney understand their rights under the NSW CTP scheme. Our team, led by Angelica Villar and Nadene Alawie, takes care of every step: from lodging your claim and dealing with insurers to arranging medical evidence and negotiating settlements.
We act on a no win no fee basis, meaning you won’t pay any legal costs unless your case is successful. Our goal is to ensure that you receive the maximum compensation available under the law so that you can focus on your recovery.
Get Help Today
If you’ve been injured in a car accident and want to understand your CTP claim options, contact Law Works Compensation Lawyers for a free, no-obligation consultation.
We will review your situation, explain what type of claim applies to you and outline your next steps.
Call us today or submit an enquiry online. We’re here to help.