Generally settlement of your claim occurs when:
- liability has been decided by the insurer;
- your injury is stable; and
- the impact of your injury is known.
You can, however, discuss settlement with the CTP insurer at any stage. Either you or the insurer can make an offer of payment that would settle your claim. If you have a solicitor acting for you they will discuss settlement with the insurer on your behalf. Most claims are settled through negotiation with the insurer and do not require court action.
When you accept a settlement offer from the insurer, this finalises your claim and you can no longer make a claim for injuries from this accident.
What can be claimed?
All claims for compensation are assessed individually. Compensation paid depends on the type and severity of your injury and your particular circumstances. The compensation you are entitled to may be reduced if you were partially at fault for the accident.
You may be entitled to claim:
- treatment and rehabilitation expenses that are considered reasonable and appropriate
- loss of income
- future treatment expense
- general damages (pain and suffering, loss of enjoyment of life) if your injury is severe enough (see general damages for more information)
- the cost of care and support services (thresholds apply)
You may also be able to claim other expenses depending on your individual circumstances. Discuss any questions about what you can claim with the insurer or your solicitor (if you are legally represented).
You will need to show that your claim for compensation is directly related to the injuries sustained in the accident. The insurer may obtain records and information to assess how much compensation you should receive. This could include information from your doctor, hospital or your employer.
Refunds to government agencies
If you are successful in your claim and receive a payment of compensation, the insurer may need to refund any payments or benefits you have received from Medicare (if your CTP claim is over $5000), Centrelink or WorkCover from your settlement.