When Tom was involved in a motorbike accident after an unidentified car unexpectedly turned across his path of travel, knocked him off his bike and took off. Tom was not aware that he was able to make a Compulsory Third Party (CTP) compensation claim.
It was only by chance, when a few months after the accident when he and his wife were seeking legal help from James Law to have a Will drafted, that he mentioned over a coffee that he had been in the accident and was injured and still off work. Immediately, we were able to advise him about his entitlement to make a CTP claim against the Nominal Defendant.
Because there are very strict timeframes for claims involving the Nominal Defendant (9 months from the date of accident), we lodged a Notice of Accident claim form immediately.
Tom was being treated in the public health system and his future was looking a little uncertain. About 10 months after his accident, Tom's doctors decided that he would need surgery to his shoulder if he were to have any chance of returning to work. Under the public health system, he was facing a long wait.
Because Tom now had a CTP claim in progress, we were able to negotiate with the Insurer on his behalf and obtain their agreement to fund the required surgery privately and with his choice of surgeon. The CTP insurer are also paying for his post-operative physiotherapy with his chosen physiotherapist.
Tom is still recovering from his surgery. The CTP insurer continues to assist him with his ongoing medical treatment but when his injuries stabilise he will then have the opportunity to negotiate a compensation payout.
Tom's experience highlights the importance of seeking legal advice whenever you are injured through no fault of your own. It also highlights the importance of making sure your Lawyer is experienced in all areas of law, so that nothing is missed, so that you do not miss out.