The latest industry insights into compensation law.

Motor Vehicle Accident Claim: Assemble the Right Team for the Best Outcome

If you have been involved in a motor vehicle accident and suffered injuries which may include: whiplash, cracked ribs, fractures, soft tissue injuries and psychological trauma, it is important to consult a lawyer about whether you have an entitlement to lodge a CTP claim.

Researching and finding a lawyer that is right for you is an important step early on in the claims process. This will ensure you have clear advice about your entitlements. Claimants should make sure they research the firm and feel comfortable with the lawyer they speak with. It is important to find a lawyer who is knowledgeable and experienced with CTP claims but also genuinely cares about achieving the best outcomes for you; not just at the end of the claim, but also throughout the rehabilitation process.

Once a CTP claim is lodged with an insurer and is compliant, it is quite often the case that the insurer will fund a Claimant’s “reasonable and appropriate” rehabilitative treatment. The term “reasonable and appropriate” is somewhat vague and it is therefore important that both your lawyer and treatment providers are on the same page in terms of maximising the rehabilitation that can be funded.

Having a General Practitioner (“GP”) that you have built a relationship with is important for many reasons. Your GP will most likely be the one to complete your CTP Medical Certificate. This is a crucial document and it is important that it lists all of your injuries in detail. Failing to list all of the injuries can result in the insurer refusing to compensate an injury that is not noted on the document.

It is always helpful to have a GP that is familiar with the CTP claims process to ensure you are provided with the appropriate referrals to treatment (to obtain funding) and to ensure your injuries are well documented.

Another very important provider in your CTP claim is your chosen treatment provider such as a physiotherapist. It is beneficial to choose a physiotherapist that not only has experience in treating your specific injuries, but also knowledge of the CTP claims process.

Your physiotherapist will need to complete a Provider Treatment Plan with a proposed number of sessions for the insurer to consider pre-approval. Having this document completed in a timely manner minimises your risk of being out of pocket for your next treatment session.

Not everyone is aware that there are some clinics that refuse to bill a CTP Insurer directly. This can place financial strain on a Claimant when they are self-funding their treatment and then waiting for the insurer to reimburse them directly.

Another matter to consider might also be what else is available once a reasonable amount of physiotherapy has been undertaken. For example, an insurer might then be open to funding clinical pilates or exercise physiology to assist with rebuilding strength and self-managing flare ups in the future.

When you speak with your lawyer, ask them for more information about the rehabilitation process and what they think might be funded. It is also important to ask your lawyer how they will help you with maximising your rehabilitation funding.

It is important that your lawyer is actively involved in communicating with your treatment providers and the insurer to maximise the amount of treatment funding you can receive. Your lawyer should be acting as your greatest advocate to maximise your funded rehabilitation.

Whilst the end result of a compensation claim is of course a very important consideration, many people often forget about the important steps and assistance available in the early days of a claim.

Senior Associate
Beth has been working in the area of compensation law since 2011 and was admitted as a Solicitor in 2012. Beth is passionate in ensuring those who have been wronged are appropriately compensated.
Sean is proud to be a lawyer for everyday people no matter what their issue. He has practised in compensation law for all his legal career and he has a superb track record of achieving outstanding results for his clients.

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Your state has been updated to QLD. Practice areas on compensation law have been updated.