A claim is started by lodging a Personal Injury Claim Form and Medical Certificate with the CTP (Green slip) insurer of the car that caused the accident. The link to obtain the form is: http://www.maa.nsw.gov.au/about-us/forms/claims.
If you know the registration number of the car that caused the accident, by calling the NSW Motor Accident Authority on 1300 656 919, the authority will provide the CTP insurer’s details. The police should provide you with the registration number of the car.
The claim form and medical certificate must be lodged within 6 months of the date of the accident.
The law also requires you to report the accident to the police within 28 days of the accident. Often the police come to the accident. However if the police do not attend you need to contact your local police station to advise them of the accident or call the Police Assistance line 13 14 44, within 28 days of the accident.
If you are outside the 6 month period you may still be entitled to bring a claim. The claim form and medical certificate should be lodged immediately. The CTP insurer may reject the claim and seek an explanation as to why the claim was lodged outside the 6 month time frame. So long as a full and satisfactory explanation can be given for the failure to lodge the claim in time, you will be entitled to proceed with the claim.
The police should provide you with the registration number of the car that caused the accident.
If you don’t know the registration number, for example the car left the scene. You are still entitled to bring a claim by lodging the Personal Injury Claim From and Medical Certificate with the Nominal Defendant at Level 25, 580 George Street, Sydney, NSW 2000
If the car is uninsured the claim form is also lodged with the Nominal Defendant.
The compensation you are entitled to receive will depend on your individual circumstances, including the extent of your injury, whether you lost wages due to your injury, whether you needed and will need on going assistance because of your injury and the extend of medical treatment required due to your injury.
Because each case is different I take a detailed history from you at the beginning of your case so I understand how the injury has affected your life and thus what compensation you are entitled to claim. I get intermittent updates from you about your situation during the life of your claim.
With your permission I also obtain details from family, friends and work colleagues as to how the accident has affected you. Such evidence is very persuasive and helpful in getting the best outcome for your case.
This will depend on your recovery. As you can only make one claim for a particular accident, it is important to fully understand the fully extend of your injury and its effect on your future life before the claim is finalised. Thus it is recommended that your case is not finalised until your injury has stabilized. Each case is different but as a general rule, most injuries are considered stabilized at about 12 months post injury. Once your injury is stabilized I arrange for you to be seen by a doctor to give an opinion on your injury. The doctor I sent you to will depend on your injury. Sometimes I will arrange for you to been seen by more than one doctor and other health professionals. Whilst waiting for your injury to stabilize I gather the evidence needed to prove your loss and the compensation you are entitled to, such as tax returns, evidence from your employer, educational records etc.
As a general rule most cases finish 15 to 24 months post injury. About 80% to 90% of cases are settled by way of negotiation with the insurer. The remaining cases proceed to be decided by either an independent Assessor appointed by the Motor Accident Authority or a Judge of the Court.
The legal costs consist of two components:
– The Professional Costs for the work I do in running your case. The insurer has to pay a proportion of those costs. You do not have to pay my professional costs until you receive compensation from your case. If you don’t receive compensation I don’t seek the payment of my costs – this is referred to as a conditional cost agreement or a no win no fee agreement.
In the event your case goes to court and you lose the case, the court would order you to pay a proportion of the insurer’s legal costs. I provide advise to you in relation to whether you should take your case to court.
– Disbursements. This refers to money spent on obtaining the evidence, for example medical records and reports, engineer’s reports, accountant’s reports and also expenses incurred in photocopying/printing/phone and faxes. If you can pay the disburements as they are incurred, particularly for medical reports you will avoid incurring overdraft interest. If you win your case the insurer will have to reimburse you for a percentage of the disbursements incurred. Unless you elect to pay the disbursments as they are incurred, the disbursements also do not become payable until you receive compensation.
If you were at fault for the accident, you have limited rights to claim. You should lodge an Accident Notification Form and Medical Certificate with your CTP Insurer. This form has to be lodged within 28 days of the accident. This form entitles you to claim treatment costs and loss of income up to the value of $5000 up to 6 months after your injury. The link to obtain the form: http://www.maa.nsw.gov.au/about-us/forms/claims
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