The previous CTP scheme was an at-fault common law scheme where an injured person could seek damages through legal processes, with damages paid as a lump sum. The scheme did not cover accidents where fault could not be proven. It also did not pay benefits to the person who was at fault, although an injured person could access up to $5000 for early medical expenses.
The MAI scheme replaced the at-fault CTP scheme. A key feature of the scheme is that it will no longer be necessary to prove another driver was at-fault in order to access benefits following injury in a motor accident. The provision of benefits, for treatment and care as well as income replacement, is for up to five years, with payments made on an ongoing basis.
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.