Newcastle & the Hunter · How a car accident solicitor runs a claim

A CTP solicitor's work on your file, for people in Adamstown

The stages of a NSW CTP file, the rules that set its pace, and what you do along the way.

Some people start their CTP claim on their own and bring in a solicitor later, often when a decision goes against them or a damages claim comes into view. Others engage one early. Either way, the file runs through the same stages. People from Adamstown can use our free claim check to see where their file is up to and what the next stage involves.

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Your CTP file and where you live: Adamstown

John Hunter Hospital, Maitland Hospital and Belmont Hospital treat many Hunter crash injuries, with district hospitals at Cessnock, Singleton and Muswellbrook. A solicitor gathers records from each place you were seen. If your crash happened on a local road in the City of Newcastle area, the police event number and any nearby camera footage may become part of the file. A solicitor usually checks early whether those records exist and are being kept. Whether it was on Brunker Road or a side street, where the crash happened is fixed on the file early. It matters for the police record, for any witnesses and, occasionally, for which scheme applies near a border.

Region
Newcastle & the Hunter
Postcode
2289
Local government area
City of Newcastle
Main roads
Brunker Road · Park Avenue
Nearest public hospital
John Hunter Hospital

Dates, decisions and deadlines: the file review

Early on, the solicitor works out which stage your claim is at and what is coming next. If you're still receiving statutory benefits, the focus may be on keeping them in place. If the insurer has made a threshold decision, the focus may be whether to challenge it. If a damages claim is possible, the solicitor starts planning its timing from your accident date.

How a damages file usually settles

Settlement talks often come to a head at a conference, in person or online, where the insurer and your solicitor try to close the gap. You'll usually be asked to attend or stay by the phone. The solicitor will go through the evidence with you beforehand and talk about what a reasonable result could look like. The final say on any figure is yours.

Read next:CTP settlements

Medical evidence and impairment on the file

Your role in the medical stage is steady: keep up treatment, attend reviews, and tell your doctors about every ongoing symptom. The solicitor's role is to decide when the evidence is complete enough to act on. That may involve reports from specialists and, where impairment could exceed 10%, an assessment that can change when the damages claim is lodged.

Read next:Independent medical examinations: what to expect

The damages claim: timing and content

A damages claim is separate from the statutory benefits claim. It can generally be made only if another driver was at fault, you weren't mostly at fault and your injury is more than a threshold injury. It generally can't be made before 20 months after the accident unless whole person impairment is more than 10%, and must generally be made within 3 years.

Once lodged, the insurer considers the claim and decides whether it accepts liability for damages. It may accept, dispute some parts, or deny liability altogether, for example if it says you were mostly at fault. The solicitor responds to each position with evidence. Your part is mainly to keep up treatment and tell the solicitor about any change in your work or health.

Read next:CTP damages claims

The statutory benefits stage

Weekly payments generally stop after 104 weeks unless a damages claim is pending. That is one reason a solicitor keeps an eye on the calendar from the start. Decisions about weekly payments and treatment can be reviewed, generally within 28 days of receiving the decision, and the solicitor tracks each of those windows as it opens.

If the claim doesn't settle: the PIC

If the insurer and the solicitor can't agree, the damages claim can generally go to claims assessment at the Personal Injury Commission, the independent tribunal that has handled CTP disputes since 1 March 2021. An assessor considers the evidence and submissions from both sides and assesses the damages. The solicitor prepares the application and the material the assessor will rely on.

Read next:The Personal Injury Commission

Already lodged your claim? How a solicitor steps in

Taking over a running claim is mostly about catching up. The solicitor checks whether any decisions can still be reviewed, whether benefits are being paid correctly and when a damages claim can or must be made. Some steps you took yourself may need no change at all. Others, such as a threshold decision you didn't challenge, may need attention quickly if a time limit is still open.

Read next:Free claim check

Six stages of a solicitor-run CTP claim

Every CTP file is different, but most follow the same order. Here are the six stages a solicitor generally works through, with the timing rules that apply. Some files end early, for example when no damages claim is open.

  1. At the start

    File review and costs disclosure

    The solicitor reviews your accident date, when the claim was lodged, every insurer decision and any deadline already running. Before substantial work begins, you'd generally expect written information explaining how fees are worked out.

  2. The first months

    The statutory benefits stage

    Statutory benefits run from early in the claim. For threshold injuries they generally end at 52 weeks, for accidents from 1 April 2023; otherwise weekly payments can generally continue for up to 104 weeks. The solicitor tracks these limits and the decisions that affect them.

  3. As injuries settle

    Medical evidence and impairment

    Once your injuries have stabilised, the solicitor may arrange medico-legal reports from independent doctors, and the insurer may ask you to attend its own examination. Whole person impairment may be assessed, which matters if it could be more than 10%.

  4. From 20 months

    The damages claim is lodged

    Timing here is set by law. The earliest point is generally 20 months after the accident, or sooner with impairment above 10%. The latest is generally 3 years. Lodging within 2 years keeps weekly payments available past the 2-year mark while the claim is pending.

  5. After lodgement

    Negotiation with the insurer

    Negotiation usually involves offers going back and forth, sometimes over months. The solicitor explains each offer against the evidence and the risks, but the decision to accept or reject it is yours.

  6. Resolution

    Settlement, or assessment at the PIC

    A damages claim generally can't settle within 2 years of the accident unless impairment is more than 10%. If negotiation doesn't produce an agreement, the Personal Injury Commission can assess the claim, and some claims go to court instead.

General information, not legal advice. Every file is different, and the timing rules depend on your accident date. Time limits apply.

Solicitor-run or self-run: which suits your claim?

Many CTP claims never reach the damages stage, and plenty of people manage the statutory benefits side on their own. A solicitor-run file makes more sense once a damages claim is possible or a decision needs challenging.

Often worth talking to a lawyer

  • A damages claim is possible and the 2-year and 3-year points are approaching
  • A threshold decision could close off the damages stage
  • Your earnings are irregular and proving lost income will take work
  • An offer has arrived and you don't know how to weigh it

You may not need one

  • Your injuries are healing and no damages claim is likely
  • What you need most right now is medical care, not a file review
  • You only need help with a treatment approval

Consistent treatment makes for a clearer file. Ask us about doctors and allied health, such as GPs, physiotherapists and psychologists, who understand CTP claims and complete the Certificate of Fitness.

Not quite your situation?

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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