CTP claims process in SA – What you need to know

Gajic Lawyers | 11 May 2023 | CTP Claim

Compulsory Third Party (CTP) insurance is mandatory for all registered vehicles in South Australia (SA). CTP coverage provides cover against injuries or deaths caused by motor vehicle accidents, so if you’ve been involved in one yourself you may be eligible to make a CTP claim. In this article we’ll outline the claims process here and what information is necessary if making such a claim is on your agenda.

Seek Medical Attention

After being involved in a motor vehicle accident, it’s always advisable to seek medical advice as soon as possible. Even if you feel fine at first glance, getting checked out by medical personnel will ensure there are no hidden injuries or medical conditions present that need attention.

Importantly, if medical treatment is required, keep proof of all relevant records, including hospital notes.

Report the Accident to the Police

In South Australia, any accident resulting in injury, death or damage to property must be reported immediately to the Police.

Moreover, ensure that the Police have the names and contact details for all drivers involved, registration numbers of vehicles involved, and witnesses present at the scene of the accident.

Reach Out to Your Insurer

Compulsory Third Party (CTP) insurance is required of all registered vehicles in South Australia (SA), providing cover against injuries or deaths caused to others as a result of motor vehicle accidents.

Who Is Covered By CTP Insurance?

CTP insurance covers everyone injured or killed in a motor vehicle accident, such as:

  • Drivers and passengers of vehicles involved in an accident.
  • Pedestrians and cyclists involved in an accident.
  • Motorcyclists and passengers (if applicable).

CTP insurance does not cover damage to property resulting from an accident.

What Does CTP Insurance Cover?

CTP insurance in SA covers injuries related to driving, such as:

  • Physical injuries, such as broken bones, burns, and spinal injuries.
  • Psychological injuries, such as depression, anxiety and post-traumatic stress disorder (PTSD). Its Loss of income if your injuries prevent you from working.
  • Loss of future earning capacity due to injuries.
  • Medical expenses associated with doctor’s visits, hospital stays and rehabilitation costs.

Submit Your CTP Claim

To file your CTP claim with your insurer, complete a CTP claim form provided by them and provide as much detail as possible about the accident – date, time, and location, as well as names of drivers involved and witnesses present at the scene of the collision.

As part of your claim for compensation for injuries sustained, you will also need to provide details including, the type of injuries that were suffered, any medical treatments received, and impact on both work and leisure activities.

Insurer Assesses Your Claim

Once your claim has been lodged, your insurer will investigate and assess it accordingly, gathering medical reports and any relevant information to help establish how much compensation you may be eligible for.

Importantly, you need to acknowledge that insurance companies commonly deny claims and in circumstances that they do not, offer very little in the way of compensation.

At the point you receive an offer from the relevant insurance company, ensure to have it assessed by an experienced Adelaide compensation lawyers.

It may be necessary to reject the offer from the insurance company and have a compensation law firm like Gajic Lawyers to instigate legal proceedings.

Time Limits

Making a CTP claim has an expiration date. Claims must be filed within three years from either the date of an accident or from when injuries became known to you – otherwise, your right to seek compensation could be forfeited.

For this reason, it is extremely important that as soon as practicable following the accident you seek legal advice.

Other Important Things about CTP Claims in SA

In SA, CTP insurance operates under a no-fault system which could entitle you to compensation even if the accident was partially or fully your responsibility.

Contributory Negligence

If you were partially responsible for an accident, your compensation may be reduced in accordance with your level of liability – this is known as contributory negligence and could reduce it by as much as 50%; for instance, if your actions contributed by 50% to the accident, your amount of compensation may be reduced accordingly.

Conclusion

If you have been injured in a motor vehicle accident in South Australia, and require medical treatment as a result of that accident, you may be eligible to make a CTP claim. The process for CTP claims in SA involves several steps, such as seeking medical care and notifying the police, contacting your insurer and lodging your claim; assessment, negotiation, and settlement (if needed); as well as court proceedings (if needed).

Note that there is a time limit to file a CTP claim in South Australia, as well as factors like no-fault schemes and contributory negligence which may impact how much compensation you are eligible to receive. If you’ve been injured in a car accident in SA, seeking legal advice to better understand your rights and obligations in order to meet all of your legal needs should be your top priority.