To begin the claim, it is necessary to lodge a claim form (in the approved form) on the CTP insurer of the vehicle at fault.
If your injuries are more persistent, then it is likely you will need to attend medical examinations to properly assess the long term consequences of your injuries.
The CTP insurer then investigates the circumstances of the motor vehicle accident by contacting various witnesses etc. If the accident occurred in New South Wales, they have three months in which to advise as to whether they are going to admit or deny liability/fault. While in Queensland, the insurer can have up to six months to decide liability.
Other investigations are required to determine the nature and extent of your losses. The parties will then participate in settlement negotiations (usually in the form of an informal settlement conference). In the event the matter is unable to be resolved at that conference, then more procedural steps are required before the matter reaches trial. But settlement negotiations can, and do, still occur prior to trial.
If you have more specific questions relating to your situation, please contact us. One of our specialist lawyers will call you back within one business day to clarify your concerns.
By Mitch Herlihy.