Cairns Injury Lawyers | Injury Lawyers
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How Long Does a Motor Vehicle Compensation Claim Take?

| Tim Dobinson

One of the most frequent questions we are asked is how long the claim process takes.  Unfortunately, there is no clear-cut answer.  The amount of time a motor vehicle compensation claim takes is dependent on several factors, including:

  1. the number, type and severity of the injuries that you have suffered;
  2. how long it takes you to completely recover from your injuries (or least recover as much as is possible); and
  3. whether you can negotiate an early settlement with the CTP insurer or whether formal legal proceedings and or Court are required.

Process

There are many steps which need to be undertaken and a delay at any stage can result in a much longer claim process.  This process can be broken down into two distinct phases, each with its own steps and procedures:

  1. Pre-Proceeding Phase
    1. Lodging a Notice of Accident Claim Form
    2. Claim Investigation and Liability Response Process
    3. Obtaining Evidence and Undertaking Disclosure
    4. Preparation For And Participation In a Compulsory Conference
  2. Court
    1. Commencing Proceedings
    2. Mediation
    3. Preparation For And Appearance at Trial

More information on these stages is available here.

Timeframes

There are timeframes which apply to making a claim for compensation (usually 9 months from the date of the accident), but this can vary depending on circumstances so check with your lawyer to ensure you are within the applicable timeframe.  

Negotiation

Obviously, if you are able to negotiate a settlement with the CTP insurer, your claim will be settled much faster than it will be if you need to go Court and cost you considerably less in legal fees.  Your lawyer will be able to advise you of likely outcomes and help you determine whether the extra time and expense of going to Court is worthwhile or if you are better off settling at the negotiation stage.  

As a general rule, most compensation claims are finalised by negotiation with the CTP insurer within 9 – 18 months of a notice of claim being delivered to the insurer.

If you would like to talk to us about making a claim, please contact our expert legal team on 4052 0700 and ask for Tim or Meegan to arrange your obligation free consultation. 

 

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