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Changes to CTP Legislation and Motor Accidents Compensation Commencing 1 December 2017

The NSW Government has passed the Motor Accident Injuries Act 2017 (NSW). This legislation has resulted in significant changes to compensation claims for accidents which occur on or after 1 December 2017.

The new CTP legislation provides injured motorists with compensation known as “statutory benefits”. Similarly if you were injured at work, your employer’s insurer would cover you for lost income, pay your treatment expenses and arrange for any domestic assistance required at home. The difficulty will be when there is a dispute regarding the statutory benefits you should receive and the level of your injuries. These disputes may be handled by lawyers if they are unable to be resolved between the claimant and the insurer.

The advantages include:

  • Everyone who is injured in an accident, regardless of fault, will be entitled to a period of statutory benefits covering wage loss, treatment and domestic assistance.

  • Benefits will commence immediately after lodging a claim and will continue for 6 months or more depending on the level of your injuries and whether you were at fault for the accident.

  • If you were not at fault for the accident, treatment for your injuries (that which is reasonable and necessary) will be paid for life.

The disadvantages include:

  • There will be no entitlement to lump sum compensation for the majority of claimants. Unless you are seriously injured, you will not receive lump sum compensation.

  • Regardless of whether or not a "minor injury" has resolved, benefits for minor injuries will cease after six months. If your injuries are deemed serious under the law, your benefits may continue for a maximum of two years.

  • Lump sum compensation is limited to compensation for pain and suffering (if you are eligible) and economic loss (past wage loss which has not already been paid to you, and future wage loss).

The new laws have been created to prevent the majority of claimants from receiving lump sum compensation. This is due to the number of fraudulent and exaggerated claims within the system, ruining the system for genuine claimants.

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If you are involved in a motor vehicle accident and have suffered injuries, you must lodge your claim for statutory benefits within 28 days of the accident. Ardent Lawyers may be able to assist you with the process to ensure you have a hassle free experience while you focus on your recovery.

For more information about the new CTP Greenslip scheme, visit the SIRA (State Insurance Regulatory Authority) website.

Ardent Lawyers are personal injury / compensation law experts. Contact our law firm on (02) 4444 6808 or contact@ardentlawyers.com.au if you have been injured in a motor vehicle accident or have any questions regarding the  changes to the CTP greenslip laws in NSW.