(FAQ) What types of injuries are covered by car accident compensation claims?

Date: Sep 24, 2018

In 2015, there were just under 8,000 'on-road' recorded traffic crashes on Australian Capital Territory (ACT) roads, according to the ACT Government. Of these collisions, there were 813 casualties, including 131 hospital admissions and 15 fatalities.

If you've been involved in a road traffic accident, you're probably wondering which injuries are covered by car accident compensation claims. Here's everything you need to know.

What is compulsory third-party insurance (CTP)?

Every driver in the ACT who owns a motor vehicle is required to buy compulsory third-party insurance every year as part of their vehicle registration process.

CTP insurance covers:

  • Other people (including cyclists, pedestrians and passengers) injured in a car accident that is found to be your fault or the fault of someone else driving your car.
  • You in the event of injury when it's someone else's fault. Their CTP insurance will cover you for medical costs and claims can be made for things like lost income and psychological suffering.

It does not cover:

  • Injury to yourself if the accident was found to be your fault.
  • Injuries if no one was at fault, i.e. a collision with wildlife.
  • Property damage.

What happens if a driver at fault does not have CTP insurance?

In this circumstance, the injured person is covered by the 'nominal defendant'. This is a scheme run by the ACT Government which awards compensation to injured persons in the event the negligent driver in a car accident cannot be found or doesn't have insurance cover.

What is the Lifetime Care and Support Scheme?

This is another compulsory payment that must be made as part of your vehicle registration. It covers catastrophic injury to you and others as well as providing treatment and care of anyone who is in a car accident in ACT. Injuries that fall into this category include spinal cord injury, traumatic brain injury, serious burns or multiple amputations.

Regardless of who was at fault for the accident, everyone is covered if catastrophically injured. Those who meet criteria receive the care and treatment they need for their whole life.

To receive damages, injured persons must meet criteria in the Lifetime Care and Support Guidelines. An assessment must be carried out by a registered healthcare professional to determine eligibility.

What am I entitled to claim?

Eligible persons must lodge a joint Motor Notification Form / Motor Accident Medical Report (MANF / MAMR). Here, most people can receive an early payment of up to $5,000 for immediate medical expenses. Where the insurer accepts the driver was at fault, the injured person can make a claim for:

  • Treatment and care, including past and future expenses.
  • Economic loss. This includes compensation for past and future loss of earning capacity.
  • Non-economic loss, such as ongoing pain and suffering. However, claims for this are assessed individually.

If you've been involved in a car accident and are wondering what you're entitled to claim, get in touch with the team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for more information.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.