Are you aware that the new CTP Legislation will affect anyone injured in a collision in NSW? This includes your family and friends, kids, uncles, grandparents, Dentists, you name them, anyone injured at all. We feel that this proposed legislation has not been given enough scrutiny to gauge if it really will be good for us or not, but going on past history it won’t be good nor will it be cheap. The general consensus is it will be bad and there are no guarantees from the Minister or the MAA that Greenslips will remain at the current level or even go down to a reasonable price. There is still time to get this held up till we get a better look at it but only if you, the rider, act now.. What can you do? Email the Premier, Greg Pearce Minister for Finance, Shooters and Fishers and the Christian Democrats, your local member. Ask them; • Why the secrecy? • Where is the proof that this will not cause rises in CTP Premiums taking into account that the previous changes to the system to reduce costs have failed? • How much worse off will my children be? • What do I lose out of this? • Is there any good in this for me? • Where is the transparency in the process? • Why does the MAA letter refer to how much it costs to rehabilitate a motorcycle rider instead of the cost of claims against motorcycle riders CTP Policies? Email Minister Pearce and Barry O’Farrell and ask them why this is being shoved through in such a hurry Greg Pearce [email protected] Barry O’Farrell [email protected] [email protected] Write to the MAA and ask them why there are no figures available so we can make a valid judgement on the proposal. Ask them why their “Consultation” appears to be cursory only. finance.gov.au/obpr/consultation/coag-consultation.html [email protected] CC the email to the Shooters and Fishers party Robert Borsak [email protected] Rob Brown [email protected] And to the Christian Democrats Fred Nile [email protected] And the Shadow Roads Minister Ryan Park [email protected] And the opposition Minister John Robertson [email protected] [email protected] Here is the good, the bad and ugly. Current scheme Compensation; Third party (You have been hit by someone else and it is their fault) victim; • Up to 100% of lost earning capacity paid as lost wages. • Superannuation paid as well • Reimbursement for Carers or domestic help. • All medical bills paid for the past and allowance made for future expenses. • If you have greater than a 10% injury to all of you (Referred to as Whole Person Impairment WPI) then Common Law applies. • 90% or more of victims do not reach 10% WPI. That does not however have any bearing on claims for economic loss, medicals and care. • Reimbursement of legal costs. • Lump sum for pain and suffering. If you have more than a 10% injury to all of you (Referred to as Whole Person Impairment WPI). At Fault Driver, the one who caused the crash; • Medical care under Medicare. • Access to LTCS scheme if appropriate. New Scheme; Third party (You have been hit by someone else and it is their fault) victim; • Only 80% of current wage up to 5 years. o If you are between jobs or a contractor or board member you may be in trouble. • No Superannuation. • Older victims past 67 years of age will now be limited to claiming lost earnings of 80% for a maximum of 12 months. • Victims under 16 years and under 10% WPI will receive no treatment after 5 years. • Victims who would not have finished secondary school by the time 5 years has elapsed will receive no lost earnings. • No lump sum for pain and suffering. • After 5 years they cut off your medical treatment if you are under 10%. • If you have greater than a 10% injury to all of you (Referred to as Whole Person Impairment WPI) then Common Law applies. • If you have greater than 20% WPI you get 80% of your earnings for the rest of your life. • No legal representation. • The insurance companies can claim their in house legal teams as an expense for running the scheme. • You can go into the Life Time Care and Support Scheme ( LTCS ) if eligible. • Payments could start in as little as two weeks after the crash. But if there is Contributory Negligence you may have to pay it back in any case. At Fault Driver, the one who caused the crash; • 80% of current wage paid to At Fault Driver for up to 5 years. • Medical paid for up to 5 years. • If you have greater than a 10% injury to all of you (Referred to as Whole Person Impairment WPI) then Common Law applies. • If you have greater than 20% WPI they get 80% of your earnings for the rest of your life. • You can go into the Life Time Care and Support Scheme ( LTCS ) if eligible. • Single Vehicle crashes are covered. Trouble is if Contributory Negligence is thrown into the mix then you may get nothing for a single vehicle crash after you receive your Negligent Driving ticket. Other items; • It looks like the insurance company will be the final arbiter on the extent of your injuries. There appears to be no room for a second opinion. Even if you did try to challenge in court you would not be able to claim reimbursement of any legal fees and it is incredibly unlikely that you would win. • Insertion of Section 17A whereby the insurers can take you to court to recover a higher premium. For instance if you have moved from Dubbo to Sydney you could get a bill for several vehicles at the higher premium. Same if you buy a country car and live in the city. • Contributory Negligence Sect 138 issues are all up in the air and none quite understands the impacts yet. o Opinions are divided on this issue. o Some say it would not apply as it is a No Fault scheme and would only come into effect if over 10% WPI. o Others believe it is in the Legislation and could be used to reduce payouts across the board so you could see contributory negligence for the type of footwear you had on. Response from MAA to MCCofNSW regarding our concerns to new Greenslips legislation; mccofnsw.org.au/cgi-bin/user.pl?download_file=1&file=276 The proposed legislation is slashing compensation to innocent victims to pay benefits to the people who caused the crash in the first place. None of the changes to the Legislation have been raised for public examination or discussion, nor explored in a transparent manner and no figures, dollars etc have been made available. The MAA advises that claims will increase by 7,000 across the scheme yet they maintain that the scheme will be cheaper. They have as yet not produced any reports or figures to back this claim apart from a reference to an Ernst & Young report that has not been sighted, so we have to take their word on it. Consultation took the form of various stakeholders commenting on a Government Policy paper that appears to have some errors in it and certainly not enough detail in it to understand the long term ramifications to injured parties. https://maa.nsw.gov.au/getfile.aspx?Type=document&ID=64777&ObjectType=3&ObjectID=5334 The second reading in the upper house had this to say about it; parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LA20130521043?open&refNavID=HA8_1 We managed to get it held up the other night by the Fishers and Shooters but only until Tuesday the 18th June. If the Shooters & Fishers or the Christian Democrats get the feeling that something about this stinks then we might get it held up over the winter recess so everyone can have a real good look at it. Links; Print articles; smh.drive.au/motor-news/motorists-taken-for-a-ride-on-green-slips-20130217-2elbu.html smh.drive.au/motor-news/ministers-reason-for-green-slip-rise-faulted-20130203-2dsk1.html smh.drive.au/motor-news/green-slip-rules-cap-payouts-to-wealthy-20130225-2f22a.html theherald.au/story/1521484/grossly-unfair-children-lose-protection-with-green-slip-changes/ MCCofNSW information; Press release mccofnsw.org.au/cgi-bin/user.pl?download_file=1&file=278 mccofnsw.org.au/cgi-bin/user.pl?download_file=1&file=277 And the Law Societies take on the bad portions are here; lawsociety.au/ForSolictors/advocacy/policyandrepresentation/CTPproposals/index.htm lawsociety.au/cs/groups/public/documents/internetpolicysubmissions/730953.pdf The MAA has this to say about the scheme; maa.nsw.gov.au/default.aspx?MenuID=515 Meanwhile the NRMA are silent on this because they have a caveat on them from the sale of the NRMA insurance arm to IAG that they will not comment on insurance matters in NSW. Whatever happens there are serious doubts that anyone will truly benefit from this change until the Minister or the MAA can prove it different. An alternative has been proposed that would see a Greenslip costed at approx. $500 for a car. lawsociety.au/cs/groups/public/documents/internetpolicysubmissions/706695.pdf Christopher CJ Burns 0418 486 660 [email protected] MCCofNSW Delegate for Sydney Knights MCCofNSW Dirt Bike sub Committee
Posted on: Fri, 14 Jun 2013 05:31:38 +0000
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