Are there serious issues with the powers given to CTP Insurers to deny compensation under NSW’s new CTP scheme?
Much of the scheme centres around the insurer’s internal decisions and they are under no obligation to fully inform injured persons of their rights.
Combined with the introduction of a compensation limitation of 6 months for injured persons with an insurer-determined “minor injury”, the new scheme is leaving many of our state’s most vulnerable in the lurch.
Exactly what constitutes a minor injury is based upon a number of factors, including the expected recovery time and independence of symptom management. These factors are to be assessed by the injured party’s treating doctor or health professional.
However, the classification of the injury is still largely at the discretion of the insurer. As the State Insurance Regulatory Authority has provided: ‘The insurer must decide whether an injury is a minor injury after taking into consideration many factors including the assessment by your treating doctor or health professional’.
In a media release, the NSW Bar Association have supported the view that the ‘“minor injury” test will unfairly exclude the genuinely and permanently injured from the Scheme’.