If a person suffers injuries as a result of a road accident, they may be entitled to claim compensation under the Compulsory Third Party (CTP) scheme. Under the scheme, motor vehicle owners, drivers, passengers and other insured persons are provided with an insurance policy that covers their unlimited liability for personal injury caused by, through or in connection with the use of the insured motor vehicle. Through the scheme, an injured person including a driver/rider, passenger or pedestrian, is able to access common law rights. A person who witnessed a motor vehicle accident and suffered a psychiatric injury as a result may also be entitled to make a claim. An injured person has a right to seek monetary compensation (or damages) from the person ‘at fault’ or partly at fault for the personal injury and associated losses. As it is a fault-based scheme, an injured person must be able to establish negligence against an owner or driver of a motor vehicle.
If the driver of the vehicle at fault left the scene, the vehicle cannot be identified and/or the vehicle was unregistered, an injured person may still be entitled to claim compensation from the Nominal Defendant. However, strict time limits apply and the Nominal Defendant must be notified of a claim within three months of the accident.
Areas of loss that an injured person may be entitled to be compensated for include pain and suffering and loss of enjoyment of life, past and future loss of income and superannuation, past and future expenses associated with treatment of the injuries and past and future care and assistance.