A CTP Insurer must endeavour to resolve your claim as soon as possible by making an offer of settlement:
- when reasonable to do so
- either directly to you (the injured person) or, if you are legally represented, to your legal representative
- in writing, explaining the basis of the offer, and
- confirmed by medical and other evidence about any loss sustained as a result of injuries caused by or arising from the accident.
If you have questions or concerns about the offer of settlement, they can be discussed with your claims consultant or legal representative. Once a settlement has been agreed, the appropriate documents will be sent to you for your signature.
Persons under a legal disability
If the injured person is under the age of 18 years or because of physical or intellectual impairment is unable to give sufficient instructions, at the time of the settlement, court approval will be needed before settlement is finalised. You can seek further information from the CTP Insurer about this.
Find out more information on court approval.
Filing a court action
If you were 18 years of age or over at the date of the accident and the claim is not resolved within three years, you must commence a court action prior to the three year anniversary of the accident date. Your insurer must notify you as this date approaches.
Before you file a court action, unless an exemption applies, you must give written notice to your insurer of a pre-action claim that complies with the Uniform Civil Rules 2020. Your insurer must explain this process to you or you may wish to seek legal advice.
Negotiating your settlement
The settlement process may involve some negotiation. If you receive an offer of settlement from the CTP Insurer, you (or your legal representative) may negotiate and submit a counter-offer. Likewise, if you have given written notice to the CTP Insurer with an offer to settle, they may accept your offer or make a counter-offer. A counter-offer must include enough details and supporting material to enable you to assess the offer and make an informed decision.
You should discuss the process, timeframes and legal requirements for settlement offers with the CTP Insurer or your legal representative.