Compulsory Third Party
In Australia, Compulsory Third Party (CTP) insurance is a complex area of law to advise on. While the market for CTP insurance is a national one, each state has its own statutory regime and what is covered by the scheme varies from state to state. Factors like fault, liability, injury and compensation are determined by where the accident occurs rather than where your car is registered. Additionally, with advancements in driverless/driver assist technology and an increase in fraudulent claims, CTP insurance is poised to become increasingly intricate.
How we can help
Our clients require easy access to experienced senior lawyers with extensive CTP expertise, coupled with a thorough understanding of the local jurisdiction. Our geographical reach across Australia means our national CTP team can assist insurers with claims arising in other Australian jurisdictions, including if your insureds are involved in collisions in other states.
With the expertise to support clients with issues arising in claims management as well as legal advice and conduct for every CTP claim, from the straightforward to the most complex, our CTP team has extensive experience in:
- Complex liability and quantum claims
- Dependency claims
- Nominal Defendant claims
- Catastrophic claims
- Judicial review of administrative decisions
- Infant claims
- Alternative dispute resolution, mediation
- Time limitation claims
- Complex procedural matters
- Claims farming matters
- Business Losses
- Claims with multiple respondents.
Our approach to CTP claims
We understand that CTP claims are different to other third-party liability claims and therefore need to be managed differently. The law of large numbers very much applies to CTP claims. Small changes in the way that matters are handled, applied consistently to a portfolio of claims, can result in significant savings. This focus, as well as the energy we bring to every claim, is central to our CTP edge.
Incremental savings in both money and time across the claims portfolio
Rehabilitation is key
Emphasis on early dispute resolution to contain claims and legal costs
Supported by an award-winning, national insurance team
Examples of our work
We acted in a fraudulent claim where we obtained a successful judgment for the defendant and a personal costs order was subsequently sought against the solicitor representing them. The costs order against the solicitor was sought on the basis of pursuing the claim without reasonable prospects of success and failing to take a reasonable offer to walk away with each party to bear their own costs. A favourable settlement of the insurer's costs on this point was reached.
"Barry Nilsson has put together a team which can manage any matter, from the straightforward to the most complex, and still deliver the same high-level outcome."
Chambers & Partners, Asia Pacific