Motor Vehicle Accident Payout
If you are injured as a result of motor vehicle accident in Western Australia, you may be entitled to a compensation payout. Not all motor vehicles have CTP (compulsory third party) insurance cover, only accidents involving CTP insured motor vehicles qualify for a CTP compensation payout and benefit for personal injuries.
Car accidents are the most common type of motor vehicle accidents because cars represent the largest amount of total insured motor vehicle classes. Other types of CTP insured motor vehicle classes include caravans, trailers, goods vehicles, motorcycles, farming vehicles (some only), charter or transit vehicles, or industrial vehicles. Therefore, if you are injured in motorcycle accident, caravan accident, trailer accident, forklift accident, truck accident, bus accident, farming vehicle accident, or other industrial vehicle accident, or public transit vehicle accident, you may also entitle to personal injury compensation.
What is CTP insurance?
CTP insurance is a compulsory insurance that owners of motor vehicles pay every time when they have their vehicle registration renewed. If your vehicle is registered in Western Australia at the time of the accident, you have CTP insurance cover. Commencing from July 2016, Catastrophic Injury Support Insurance (CIS insurance) was also made compulsory. This means, if you are catastrophically injured in a motor vehicle accident after 1 July 2016, you have CIS insurance.
What does Compulsory Third Party (CTP) cover you for?
CTP insurance does not cover the damage to the motor vehicle involved in the accident. CTP insurance covers personal injury component if a third party is injured. This includes drivers, passengers and pedestrians. Unlike no-fault worker’s compensation claim system in Western Australia, acceptance of negligence is an important deterministic factor in seeking an order award CTP compensation payout. This means, If you are injured in a car accident, and the accident is caused entirely by your negligence, you will not entitle to CTP compensation payout even you suffer loss and injuries. However, if you are only partially negligent, you may entitle to motor vehicle accident injury compensation. The challenge for people who are partially negligent is to prove that the other driver has been negligence and that they have not been contributory negligent.
What payments are made by CTP prior to a compensation payout?
Once liability is accepted by the Insurance Commission of Western Australia, the compulsory third party insurance provider in Western Australia, the following benefits will often be paid to a person who is injured due to the negligence of another person:
- Medical treatment – at first this will include General Practitioner review, physiotherapy and hydrotherapy but in some claims it can include the costs of surgery and expert attendance on specialists such as Orthopaedic Surgeons and Neurosurgeons;
- Loss of Earnings / Loss of Wages – Monies for loss of earnings / loss of wages are usually paid at the end of the claim, however, there is a process by which injured people in a bad financial situation can apply for advance payments which are upfront payments.
What is the difference between CTP insurance cover and CIS insurance cover?
Both a CTP compensation payout and a CIS compensation payout are motor vehicle accident injury compensation payments. Unlike a CTP compensation payout, since July 2016, the catastrophic injury support scheme is a no-fault system. It is designed to support people who have catastrophically injured in a motor vehicle accident.
Motor Vehicle Accident Compensation Payouts
If you have made a motor injury claim in Western Australia, you may claim medical expenses, economic losses both current and future, travel expenses, domestic supports related expenses and pain and suffering if applicable. A simple car accident personal injury claim calculator is often inaccurate in determining the fair compensation payout you can expect from your personal injury claim.
The best way to get more certainty on your CTP compensation payout amount is to consulate a personal injury lawyer who is specialised in ICWA motor vehicle accident injury claims. Most good lawyers specialising in injury compensation for motor vehicle accidents provide an obligation free consultation and have the confidence to provide you with No Win No Fee legal representation for personal injury claims. This could be a good opportunity for you to find out more about where you stand in a motor injury claim. It is important to remember that it can be difficult to obtain the correct evidence for a motor vehicle injury claim and that is why it makes sense to seek professional help in the motor vehicle accident injury claim.
In our motor vehicle injury claim FAQ page, we have covered a significant amount of information about motor vehicle accident compensation payouts in detail. If you want to talk to a lawyer about your personal injury claim, contact Foyle Legal at 0408 727 343 for a confidential discussion. It is obligation free and no hidden costs. Foyle Legal represents eligible personal injury clients on No Win No Fee basis.