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Discussion in 'Politics, Laws, Government & Insurance' started by HeezaGeeza, Aug 30, 2012.

  1. Can anyone advise me on this as I can't find any info through Google that is relevant to my particular circumstances.

    In March 2011 I was T-Boned by a car who did a u-turn from being parked on the side of the road. I claimed on their insurance for the bike and got it fixed up. Health wise I had a sore left shoulder and my physio diagnosed a mild AC tear.

    About a month later my right hand shoulder had the same pain and I started treatment for it at physio. Since then the pain got worse and worse. After about 6 months I eventually got scans and was diagnosed with torn labrum on my right shoulder, most likely from a dislocated shoulder.

    I've never dislocated my shoulder and the pain only started after the accident.

    Now, since that diagnosis it continued to get worse until I ended up having surgery in April. Now I'm on the mend but adding up the costs, I have paid out about $8000 in physio, scans, doctors and surgery. I'm self employed so have had to take time off too.

    At the time of the accident I looked into making a CTP claim against the driver, but it involved so much paperwork I gave up, thinking it wasn't worth it. Hindsight is a great thing :)

    So, the question is can I go back to the insurance company and make a claim for medical costs resulting from the accident. My physio and surgeon would back the claim and my medical records all list the accident and dates when I reported the pain.
  2. Re: Backdated Insurance Claim

    I strongly believe so, with the Medical records to support your claim. I had been advised by my GP and Physio before that even you didn't feel hurt after an accident, you should see your GP to record the incident, in case serious injury that resulted from the accident come later.
    Do you have Income Protection insurance - this will cover you if you need to stay home to recuperate. It also depends on your policy's waiting period.
    Hoping you get well soon.
  3. Re: Backdated Insurance Claim

    iirc, you have seven years to lodge a motor vehicle claim (keep this in mind if you hit someone and they say don't worry about it). So I don't see why you couldn't claim your injuries.

    But expect the Spanish inquisition.
  4. You need to post your state, this will vary state to state.
  5. I'm in a claim at the moment in QLD.
    Well sort of, my gutter snake wanted to claim it strait away. I am trying to work it put through physio first....he says he has had enough of me stallin.
    He has stated to me that I have three years in which to claim. But only three.
    And yup OP what a pain in the ass. I don't know how they think I survive or work. Do this get that. Jump through this hoop.
    The insurance said they will pick up the physio till I end it.... Farken getter snakes.
    If it wasn't my back I would walk away from the whole trashy lot.
  6. It's NSW.

  7. Thanks all and apologies Mods for posting in the wrong place initially.

    Yes, it is NSW. I'll look into it with my insurance company initially and see where it leads. They'll have all the details of the other party.
  8. State should not matter.
  9. absolutely it does.

    for instance, if it were Victoria then the Claim would be made against TAC.
    TAC Claims are whole different kettle of fish.

    since the OP said CTP we could have assumed it was any other state than Victoria, but it much better not to make assumptions.
  10. OP did not request nor require this information.


    Strict time limits apply HeezaGeeza. If your claim is not settled within 3 years from either the date of the crash, or when your injuries become apparent, you must ensure that Court proceedings have been issued behalf before the 3 years expire. If you were under 18 years of age in March 2011, the 3 year limit is extended to 6. You may refer to SECT 109 of the Motor Accidents Compensation Act 1999.