If you’ve been involved in a motor vehicle accident, you can claim for all your physical, psychological and financial losses under the Compulsory Third Party (CTP) insurance. This applies across all of Australia.
Before you lodge a CTP claim, you need to evaluate your chances of getting the maximum compensation. For that, you need to understand the CTP claims process, what you can claim for and what will be used to assess your application.
A motor vehicle accident lawyer can guide you through the CTP claims process and navigate all the legalities.
What is Compulsory Third Party (CTP) Insurance?
CTP insurance is a compulsory policy for all registered vehicles in Australia. Unlike standard car insurance, which covers vehicle damage, CTP provides financial support to people injured in road accidents—whether they were the driver, passenger, pedestrian, cyclist or motorcyclist.
Each state and territory has different rules and regulatory bodies that oversee CTP claims. Knowing these variations is important to get your claim right.
Making a CTP Claim in Your State or Territory
Each Australian state and territory has its own CTP scheme, so the process varies where the accident happened. Here’s a breakdown of key regulatory bodies:
| States | Regulatory Bodies |
|---|---|
| Queensland (QLD) | Motor Accident Insurance Commission (MAIC) |
| New South Wales (NSW) | State Insurance Regulatory Authority (SIRA) |
| Western Australia (WA) | Insurance Commission of Western Australia (ICWA) |
| Northern Territory (NT) | Motor Accidents Compensation Commission (MACC) |
| South Australia (SA) | CTP Insurance Regulator |
| Tasmania (TAS) | Motor Accidents Insurance Board (MAIB) |
No matter where you were involved in the accident, our experienced CTP claim lawyers can guide you through the process and get you the compensation you deserve. Contact us today.
What You Can Claim Under CTP Insurance
The types of compensation available through a CTP claim depend on the state where the accident occurred. Coverage may include medical costs, loss of income, and lump sum payments.
CTP claims can help cover:
- Pain and suffering
- Past and future medical expenses
- Lost earnings (past and future)
- Loss of earning capacity
- Superannuation losses (past and future)
- Hospital, pharmacy, and counseling costs
- Rehabilitation and disability support
- Nursing and post-acute care
- Funeral expenses in the event of a fatality
Some states also allow claims for additional “reasonable” expenses, such as:
- Travel costs for medical appointments
- Job retraining or support for returning to work
- Home and vehicle modifications
- Attendant care services, including care while traveling
- Domestic assistance, gardening, and home help
- School tutoring and integration aides for affected children
In certain states, you may also have common law rights to sue the person—or their insurer—who caused the accident. Understanding your entitlements can be complex, so seeking legal advice can help maximize your claim.
Steps to Making a CTP Claim
If you’ve been injured in a motor vehicle accident, you may be entitled to some benefits but the amount and duration of support depends on how your injuries are assessed. The key is whether your injuries are threshold or above-threshold. This is a critical part of the CTP claim process.
If your injuries are threshold, you won’t be entitled to a lump sum for future income loss or pain and suffering. Plus, your benefits will cease after 12 months, regardless of whether you’ve fully recovered.
To get maximum CTP claim benefits, you may need to submit two types of applications:
- Personal Injury Benefits. This includes lost income for time off work, medical costs and post-treatment care expenses.
- Lump Sum Claim. This covers lump sum payments for future lost wages and pain and suffering.
A personal injury lawyer will help you determine if you need to submit one or both CTP claim applications. The process involves three steps:
- Get a Certificate of Capacity/Fitness – Your GP must provide this and you’ll need a new one every 30 days.
- Submit a Personal Injury Benefits Application – Lodge your claim with the CTP insurer of the at-fault driver to get compensation for medical expenses and lost income.
- Lodge a Separate Claim for Lump Sum Payments – A personal injury benefits application does not include lump sum compensation. If eligible, you must file a “common law claim” separately. If you were not at fault and your injuries are above-threshold you may be entitled to a lump sum settlement.
Once your CTP claim is approved, you should start receiving income support payments, up to 95% of your pre-injury earnings, as soon as the insurer processes your claim.
What Is Classified as a Threshold and Above-Threshold Injury?
In a motor vehicle accident, you suffer not only physical but also psychological trauma. The CTP insurance claim covers both types of injuries and classifies them based on their severity—threshold and above-threshold.
In simple terms, threshold injuries involve soft tissue or muscle damage, whereas above-threshold injuries are more serious, such as fractures, internal organ damage or significant mental health impacts. If your injuries are above-threshold, you may be entitled to a lump sum claim.
Here is a detailed breakdown of threshold vs above-threshold injuries:
| Injury Classification | Examples |
|---|---|
| Threshold (soft tissue injuries) |
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| Above-threshold physical injuries |
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| Above-threshold psychological injuries (symptoms that continue for more than 30 days) |
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The classification of your injuries directly impacts the benefits you can claim, so a GP will evaluate your injuries. However, not all GPs are well-versed in the CTP claim process, and they may overlook seemingly minor issues that could later affect your health. Our CTP lawyers can connect you with doctors experienced in handling CTP claims, ensuring that all relevant medical concerns are properly documented.
Since some injuries may take time to develop fully, missing them in the initial assessment could lead to disputes with the insurer. If that happens, you may need to challenge their decision and undergo a reassessment to secure your full entitlements.
What Is the CTP Claim Time Limit?
To claim back wages from the time of your accident, you must submit your application within 28 days of the incident. However, you have up to three months from the accident date to submit your claim as the final time limit.
Do I Need a Lawyer To Assist in the CTP Claim Process?
The CTP claims process is designed for you to submit the claim on your own. However, it can be overwhelming for many people and a headache on top of the physical and mental trauma caused by the accident. Not only that, but navigating the legalities and technicalities also calls for an expert who guides you at every step. That’s important to maximise your compensation benefits, as even a single mistake can cost you big time.
It’s worth noting that the insurer will have legal representation whether or not you choose to hire a lawyer. Therefore, always consult a lawyer before submitting your claim to ensure the process goes smoothly and you don’t miss out on any entitlements.
Contact Wyatts Lawyers now to get started!
