The current compulsory third party (CTP) insurance scheme covers other people (including pedestrians, passengers, pillion riders and cyclists) injured in an accident with a motor vehicle where they can prove someone else was at fault. It does not cover accidents where fault cannot be proven.
This will change when the Motor Accident Injuries scheme commences from 1 February 2020, which covers everyone injured in a motor vehicle accident.
This will mean about 600 more Canberrans each year will be covered by the new scheme than under the current scheme, delivering better and fairer coverage for people who are injured in an accident.
Importantly, the new scheme provides cover for up to five years for:
- reasonable and necessary treatment and care
- income replacement if the injured person requires time off from paid employment.
This cover can start immediately, so people can get the treatment they need to recover from their injuries as quickly as possible. Find out more about the benefits that will be available under the new scheme.
There are some limited exceptions to this cover.
People with more serious injuries may also be eligible to make a common law claim for compensation if they are injured by someone else’s negligence and they:
- have at least a 10 per cent whole person impairment, or
- are a child still receiving approved treatment and care benefits at four years and six months after the accident, or
- are an adult who is still receiving income replacement defined benefits at four years and six months and meets an occupational impact assessment that is undertaken by an Independent Medical Examiner.
In the case of a blameless accident, such as where the driver has a heart attack or a kangaroo hops onto the road, the driver may be said to be at-fault (or deemed at-fault) so that other injured people can still make a common law claim.
Find out more about common law claims under the Motor Accident Injuries Scheme.