What are my rehabilitation rights after a car accident?

If you’ve been injured in a car accident that was caused by the negligent actions of another road user, in most circumstances, the cost of your rehabilitation will be covered by the CTP Insurer of the vehicle at fault.

Short for Compulsory Third Party insurance, all vehicles on Australian roads are covered by CTP insurance. In most states and territories, the cost of CTP is included in your registration fees (except for NSW, where road users must purchase it separately).

CTP insurance is designed to cover out-of-pocket expenses and compensation claims made against drivers by other road users.

If you fail to renew your CTP insurance, in Queensland a statutory body called the Nominal Defendant will step in as the insurer of the unregistered vehicle.

However, in some cases, the Nominal Defendant is able to recover the amount of the claim from the owner of the vehicle directly.

To protect yourself from financial hardship or adverse consequences, always make sure your CTP insurance is up to date.

Any car accident can result in a neck injury, but rear end collisions have especially high rates of whiplash.

When a vehicle gets struck from behind, its occupants will usually be thrown backwards and then forwards on impact.

This can force the neck to stretch beyond its usual range of motion.

Car crash-related whiplash can be compounded by the late onset of symptoms. It is not unusual for people not to realise how badly they’ve been injured and fail to seek treatment until several days after an accident.

Most insurers will only cover the cost of rehabilitation expenses if they are:

• Reasonable and appropriate
• Directly related to injuries caused by a motor vehicle accident
• Verifiable (this means the insurer will ask for proof of the expense, such as a receipt).

You’ll need to supply proof that you require rehabilitation for your claim to be approved, such as a medical certificate or referral from your General Practitioner.

It’s not enough to simply give your word – insurance companies require documents that can be independently verified.

If you submit a claim to the CTP insurer that includes rehabilitation expenses, the CTP insurer will usually contact you to discuss organising these services.

Alternatively, you can contact your insurer about arranging rehabilitation.

You can either call or write to them requesting that they fund your rehabilitation, or ask your lawyer to do this for you.

Your treatment provider may also be able to contact the CTP insurer on your behalf. Most insurers will typically ask you to submit any requests for funding in writing.

Delaying treatment could make your injuries worse, potentially causing you even greater pain and suffering.

If you need to pay for rehabilitation services out of your own pocket initially, you can seek to get reimbursed later by making a compensation claim.

Keep in mind that you’ll need to provide proof of any expenses you’ve incurred in order to receive reimbursement.

To speak with an experienced lawyer about your rehabilitation rights, contact The Personal Injury Lawyers.

We can help you determine whether you qualify for compensation, and advise you on the best course of legal action.