If you have a road accident and it’s your fault, are you covered by a green slip? Yes, but drivers are not covered as fully as others who are injured. We explain the difference in cover for at-fault drivers under a green slip.
Every green slip is the same
Every green slip is the same, regardless of insurer or cost. Your green slip is designed to cover the injuries or deaths of people involved if you have a road accident.
Under a green slip, 2 types of benefits and 2 types of damages are available:
- Benefits for loss of income and for medical treatment and care
- Damages for economic loss (loss of past income and future earning capacity) and non-economic loss (pain and suffering).
In NSW, whether or not someone is at fault, they are still entitled to some benefits. However, the driver at fault in an accident is not covered as fully as a driver who is not at fault.
What can I claim if I’m the driver at fault?
If you’re the driver at fault, you can claim benefits for up to 12 months for loss of income and for medical treatment and care. Medical treatment and care includes the costs of ambulance, medical, pharmaceutical, prosthetics, aids and rehabilitation.
However, if you’re at fault, your entitlement to claim for damages depends on having very serious injuries:
- To claim damages for economic loss, you must have more than threshold* injuries.
- To claim damages for non-economic loss, you must have more than 10% permanent impairment.
*A threshold injury is a soft tissue injury or a psychological or psychiatric injury (but not a psychiatric illness).
Note: If the driver is killed in a road accident, the family can claim reasonable funeral expenses whether it was the driver’s fault or not.
How do I know if I was at fault?
The law says at fault means you were 100% at fault or your contribution was more than 61%. It’s not always clear who is at fault. Your CTP insurer has to make this decision using witness statements, video footage and forensic evidence. When claimants disagree with their insurer, it’s commonly about whether or not the injured person was mostly at fault.
How do I make a claim if I’m at fault?
If you’re at fault, you can make a claim for benefits for up to 12 months for loss of income and for medical treatment and care. This is regardless of what type of injury.
However, if you’re at fault, you can claim for damages only if your injuries are very serious or catastrophic. People who are catastrophically injured in a road accident can claim under the Lifetime Care and Support Scheme.
State Insurance Regulatory Authority (SIRA) operates CTPAssist to help if you want to make a CTP claim. It will guide you through the claims process.
- Contact CTPAssist on 1300 656 919, 8.30am to 5pm, Monday to Friday.
- Use MySIRA to search insurance records held by SIRA and to lodge a complaint, enquiry or provide feedback.
See what you can expect from insurers if you make a claim.
Should I get extra cover for at-fault drivers?
This may be worthwhile if you drive for work, drive frequently or travel long distances. Some drivers like to have extra cover in case they are involved in a road accident and it was their fault. Currently, NRMA Insurance offers Driver Protection Cover on top of its green slip. It’s the only insurer that still offers this type of at-fault cover.
The NRMA policy lists death and all the serious injuries for which they pay benefits and how much, for example:
- Quadriplegia
- Paraplegia
- Total loss of speech
- Total loss of hearing
- Loss of use of one limb
- Death within 6 months of accident.
Read the actual amounts payable and limits set by this insurer.
Takeaway
Each CTP greenslip in NSW is the same, regardless of insurer. However, if you’re at fault in a road accident, you’re not covered as fully as someone who is not at fault. Your benefits are limited to 12 months and your entitlements to claim damages depend on the extent of your injuries. You may want at-fault driver cover on top of your green slip, as provided by one insurer. Make a claim using SIRA CTP Assist.
See Do all greenslip insurers cover me if it’s my fault?
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