If you have been involved in a motor vehicle accident due to no fault of your own, you may be eligible to lodge a claim for compensation against the at-fault driver’s Compulsory Third Party (“CTP”) insurer.
A question that we often get asked by injured claimants is about whether they should lodge a claim immediately or shortly after the accident, or wait until they see whether their injuries are severe enough to warrant making a claim. Some injured claimants who may not be fully informed of the claims process might not worry about lodging a CTP claim at an early stage if they are unsure how severe their injuries are. It is an entirely reasonable question to have, however, the answer is relatively simple.
Regardless of the severity of an injured claimant’s injuries, it is usually recommended to lodge a CTP claim as soon as reasonably practicable. Of course, it is important for an injured claimant to seek any medical treatment that they require immediately after a car accident. Once this has been attended to, it is recommended to contact a law firm who specialise in personal injury law and motor vehicle accident compensation claims to obtain some advice and recommendations about their claim entitlements.
There are a number of reasons why it is usually better to lodge a CTP claim sooner rather than later. Firstly, the sooner the claim is lodged, the sooner that the CTP insurer will be able to fund any reasonable and appropriate treatment or rehabilitation. A CTP insurer is legally not required to fund any treatment or rehabilitation unless and until they have determined that their insured driver was at fault for the accident. Therefore, lodging the claim as soon as practicable after the accident will result in treatment being funded sooner.
Another reason why it is beneficial to lodge a claim immediately is to ensure that there is a contemporaneous record of the accident and any injuries that the injured claimant has suffered. If there is a significant period of time between a motor vehicle accident and the start of a CTP claim, there is a greater risk that the injured claimant will have difficulty proving that any injuries are linked to the motor vehicle accident. The best method of proving that injuries were sustained in a motor vehicle accident is by having them recorded in medical records, typically by either attending a general practitioner or a hospital for treatment.
If an injured claimant adopts a stoic approach to their injuries and delays receiving treatment or believes that they will likely recover without the need for treatment, then it will be more difficult to establish that the motor vehicle accident caused the injuries. CTP insurers can be sceptical of injuries which are not recorded in medical records at the time of occurring or shortly thereafter due to the increased chance that another event or incident has caused the injuries. If there is a delay in reporting injuries to a medical practitioner, it may be necessary to obtain reports from either treating medical providers or an independent medical expert to establish the link between the motor vehicle accident and the injury/ies.
Whether it has been one day, one month, or more since a motor vehicle accident has occurred, it is important to understand your rights and entitlements in relation to pursuing a CTP claim against the at-fault driver. Having an experienced personal injury firm in your corner can help you navigate the complexities of a CTP claim to maximise your compensation.
vbr Lawyers offer obligation-free consultations with experienced personal injury lawyers to discuss your claim entitlements.
