Since the commencement of the NSW compulsory third party (CTP) scheme on 1 December 2017, approximately 60% of car accident victims have had their injuries categorised as ‘minor’. As a result, many injured motorists have had their statutory benefits cut-off despite suffering ongoing disabilities and loss of income.
Motorists in this category would be aware of the CTP insurer’s document titled ‘Liability Notice – Benefits After 26 Weeks’ which confirms the insurer’s minor injury decision and the right to seek an internal review within 28 days of the decision.
Motorists who have applied for an internal review and received a negative outcome should scrutinise the liability notice as it may be in breach of the Motor Accident Guidelines and therefore capable of being overturned. For example, a breach would exist where the internal review was not conducted by a medical practitioner or other suitably qualified person independent from the insurer. This is one of many requirements set out in the Motor Accident Guidelines which establishes clear processes and procedures, scheme objectives and compliance requirements for CTP insurers.
If you were the recipient of a minor injury decision, it is crucial that you seek legal advice to ensure your liability notice is compliant with the guidelines to avoid missing out on your rightful CTP entitlements.
If you would like Antonela to address a particular legal issue, send your request to antonela@ticliblaxland.com.au
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
