There are a number of steps you will need to take in order to lodge a CTP claim for personal injuries.
Where a person is injured in a motor vehicle accident, the law requires the drivers involved to report the matter to police. It also requires the person making a CTP claim to ensure the accident has been reported before their claim can be commenced.
If you don’t know who the ‘at fault’ vehicle’s insurer is, contact the Motor Accident Insurance Commission on 1300 302 568.
Download a claim form for personal injuries and fill in all the sections. You will need to get your medical practitioner to complete the medical certificate part of the claim form and you should attach ay medical certificates, documents and receipts that relate to your medical treatment.
In order to complete the claim form you will need the following:
Your claim form can be lodged directly with the ‘at fault’ vehicle’s CTP insurer. Make sure you do this as soon as possible as there are strict legal timeframes for lodging your claim.
If you are lodging with a CTP insurer you have 9 months from the date of the incident or the date symptoms of your injuries first appear (if you did not know about them at the time the incident occurred).
If you are lodging your claim with the Nominal Defendant because the ‘at fault’ vehicle was unidentified or unregistered, then you only have 3 months.
Once you lodge a CTP claim, it generally takes 12 to 18 months to settle a CTP claim however it can take up to 3 years.
CTP insurers are required to make a decision as to whether the vehicle they insured was ‘at fault’ for the accidentwithin 6 months of claim lodgement, however it may take much longer than this for your claim to settle, especially if your injuries are severe or there is dispute over who was at fault.
In order for your claim to be successful you will need to be able to prove that the CTP insurer’s driver is liable for your injuries which may require specific expert evidence. CTP insurers have their own lawyers advising them of how to limit their liability and reduce the amount they have to pay out.
It is therefore strongly recommended that injured persons seek their own professional legal advice early in the claims process.Smith's Lawyers are Queensland injury compensation experts and run all claims on a truly risk-free basis, '
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It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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