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NSW CTP Claim - Need Help

Discussion in 'Politics, Laws, Government & Insurance' started by Shori, Jun 30, 2015.

  1. Hi guys,

    I was just after some opinion.


    I had a motorbike accident last yr in Apr. My partner was the pillion. We were hit by a car changing lanes. The other party was at fault. Police made records of the incident and there were witnesses. As a result of the accident the insurance of the other party is covering me for my injuries sustained. My partner only received minor abrasion and bruising.

    I have had an ACL surgery last yr. in June and they covered the Physio afterwards. The knee is fine now, but I don’t play any sports anymore. I had an ACL surgery done on the same knee 7-8 yrs back and was playing sports until I had the accident.

    I also developed sciatica as a result of the accident and they also covered some physio sessions for that. Helped a little bit, but I live with the pain every day. Only kicks in when I sit for more than 45mins or so. They got me a sit and stand contraption for work.


    I was asked to see the insurance doctor last week for an assessment. They want to close the case. I still have the sciatica and from what I understand in most cases it will stay with me for the rest of my life. I can’t drive comfortably anymore and unable to play sports. I stand for 7hrs at work. I wanted to know how far does the insurance company obligation goes in looking after me. They have done a good job so far I must admit. But my accident injuries are not fixed and I don’t think they will be. What’s the criteria for closing a case? I’m sure there will cost involved in the future a result of these injuries. Is there an Act that governs insurance companies obligations or some website I can refer to?

    Sorry about the long post. Any help will be greatly appreciated.

  2. Can't help you with your questions, but hope this turns out alright for you. Sorry to hear about your ongoing issues.

    Good luck.
    • Funny Funny x 1
  3. Thanks Gunissan, it's not been too bad apart from the damn Sciatica. I still ride ;-)
    • Like Like x 2
  4. I settled with CTP insurance company before I should have... wish I hadn't..
    definitely recommend pushing them to continue with treatment, if you have provable ongoing injuries.
    They may dangle a settlement in front of you to close the case, so just balance that with what you might have as medical costs in future.

    sorry I can't help with the legal requirement bits..
  5. Motor accidents compensation act is a good start.

    If they keep giving you trouble see a lawyer basically all will give a free initial consult just so you can get a better sense of where thugs are at.
    • Agree Agree x 2
    • Like Like x 1
  6. JustusJustus may be able to give you some advice, personally I would be talking to a lawyer who specializes in injury claims. At the very least you need to be clear on your rights.
    Oh and as an aside I wouldn't be referencing any previous medical history on a public forum.
    • Agree Agree x 2
  7. Don't sign anything mate until u see a lawyer. Your injuries could easily be worth a six figure payout. The insurance company are praying u are dumb enough to sign a form with them and finish it. Don't sign anything
    • Agree Agree x 2
  8. You said ANY help. I can't help you with the legal or insurance thing, but sciatica management I know a thing or two about.

    Bicycling - road bikes, builds core strength in a gentle way and provides me with unbelievable relief, as does any moderately vigorous physical activity which does not involve heavy lifts. Shovelling, chopping wood are good, gardening, whatever, which involve flexion and extension and some rotation of the spine, without big vertical loads all seem good. More static things, sitting standing, and driving in particular, is bad. If for no other reason, long road trips are best undertaken on the motorcycle for me anyway. Motorcycling does not bother me, but I don't ride a cruiser. I think the upright position would not be helpful.

    Now this is all anecdotal as, and mine is age related, not injury related. In your case, I would consult a medico for advice. For what it's worth
    • Informative Informative x 1
  9. Actually on review see a lawyer I can see a reasonable case for damages. Yes they will probably end up taking a cut of the settlement. But if you don't your likely about to sign off on a management plan and end up with nothing. Get someone in your corner who won't be pushed around by these claim managers.
  10. Thank you everyone for your inputs. This is very helpful. I will definitely consider exploring the legal side of things.

    The help that I always get on this forum never ceases to amaze me.

    Thanks again.
  11. Justus if you get a chance it'll be great to get your input.

  12. Contact the Motor Accidents Authority. They administer the scheme and are responsible for helping you if an insurer is trying to do the wrong thing. They will be able to tell you where you stand.
  13. I'm in a similar situation. I've done some homework (but don't take it as legal advice):

    1. There is an established scale for compensation related to degree of injury. This is legislated and available online to look at from various sources.
    2. You can for claim for work related losses; and also non-pecuniary - This is relevant since your injuries have stopped your sports activities.
    3. Consult a personal injuries lawyer- I haven't reached this point yet since I'm still undergoing initial medical assessments.
    4. Insurance company can access your medical records, but I'm curious whether you HAVE to see their assessment doctor. Remembe, he's going to be working for them, and not you.