A CTP file has two halves. The first is the statutory benefits stage, with weekly payments and treatment while you recover. The second, for some people, is a damages claim, lodged later and resolved by negotiation, a settlement conference or a claims assessment. If you're near Ashfield and working out how a solicitor would run your file, this page walks through it in order.
Inner West · How a car accident solicitor runs a claim
How a car accident solicitor runs your claim, Ashfield
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A solicitor-run claim for people in Ashfield
A crash in the WestConnex tunnels or on Parramatta Road may involve several vehicles and insurers. Part of the file review is confirming which insurer has the claim and where liability stands. Living in the Inner West Council area doesn't change how a CTP file runs. The scheme is statewide, and the stages, the timing rules and the Personal Injury Commission's role are the same wherever in NSW you live. Hospitals serving the area include Royal Prince Alfred Hospital and Concord Repatriation General Hospital. Hospital, GP and specialist records together form the medical history the insurer and any assessor will rely on, so a solicitor keeps track of them throughout the file.
- Region
- Inner West
- Postcode
- 2131
- Local government area
- Inner West Council
- Main roads
- Parramatta Road · Liverpool Road
- Nearest public hospital
- Royal Prince Alfred Hospital
Dates, decisions and deadlines: the file review
Some things about a CTP claim can't be fixed later, which is why the first review looks for them. A decision that wasn't reviewed in time, a damages claim approaching its 3-year limit, or weekly payments nearing an end all shape what happens next. A solicitor flags these early and tells you plainly which ones matter for your file.
The damages claim: timing and content
Preparing the damages claim means pulling the file together: an account of the crash, the medical evidence, and proof of what the injury has cost you in earnings, past and future. Payslips, tax returns and business records matter here. The solicitor assembles them so the claim sets out the losses clearly from the start, which helps later negotiation.
After the damages claim goes in, there can be long stretches with little visible progress while evidence is exchanged. The insurer may request further information or arrange another medical examination. Keep the solicitor told of any change in your work, treatment or symptoms, and answer requests promptly, because an up-to-date file is easier to resolve.
Read next:CTP damages claims
The first stage of the file: benefits while you recover
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.
Do you need a solicitor to run your CTP file?
Whether a solicitor should run your file depends on which stage it's at. Early on, you may not need one. Later, when timing rules and evidence start to shape the result, many people with a damages claim find one helpful.
Often worth talking to a lawyer
- Your earnings are irregular and proving lost income will take work
- A settlement conference or claims assessment is coming up
- The insurer wants you to sign a release or deed
- A damages claim is possible and the 2-year and 3-year points are approaching
You may not need one
- Your injury has been accepted as a threshold injury and you agree with it
- You accept that you were mostly at fault and your benefits are flowing
- Your injuries are healing and no damages claim is likely
Whatever stage your file is at, treatment continues alongside it. We can put you in touch with doctors and allied health who know how the Certificate of Fitness and CTP claims work.
Not quite your situation?
- If fault is still being argued, the car accident lawyer page explains how it's decided and why it matters to your claim. Car accident lawyer in Ashfield
- If you're still deciding whether a lawyer is worth it for your CTP claim, start with the CTP lawyer page. CTP lawyer in Ashfield
- If the big question on your file is how serious your injury is in claim terms, the injury compensation lawyer page explains impairment. Injury compensation lawyer in Ashfield
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Talk through your CTP file
Let us know what stage your claim has reached. We'll explain the next one and connect you with an independent solicitor if your file needs one.
Six stages of a solicitor-run CTP claim
A solicitor running a NSW CTP file works to a timetable set largely by law. These six stages show what generally happens, and roughly when. Your own file may skip a stage or linger in one.
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.
The first months
The statutory benefits stage
While you recover, weekly payments and treatment come through statutory benefits. The solicitor watches the insurer's decisions, such as whether your injury is treated as a threshold injury, and helps you challenge ones that seem wrong within the review time limits.
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%.
From 20 months
The damages claim is lodged
A damages claim generally can't be made before 20 months after the accident, unless whole person impairment is more than 10%. It must generally be made within 3 years, and within 2 years if you want weekly payments to continue beyond 2 years.
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.
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.
Claims assessment at the Personal Injury Commission
Claims assessment is the usual path when a damages claim won't settle. The Personal Injury Commission appoints an assessor, who may hold a conference or hearing that is often less formal than a court. Your solicitor presents your evidence and may ask you to give an account. What an assessment means for the claim, and what can follow it, depends on the circumstances.
Read next:The Personal Injury Commission
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.
Offers, conferences and settling the file
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
Taking over a claim you started yourself
Many people lodge a CTP claim themselves and only look for a solicitor later, often after a decision goes against them or when a damages claim comes into view. That's common and generally not a problem. The solicitor notifies the insurer, obtains your claim file and reviews what has happened so far. The time limits keep running throughout, so earlier is better than later.
Read next:Free claim check
Frequently asked questions
Generally, the insurer and your solicitor meet, in person or online, to try to agree on a settlement figure. You'll usually be asked to attend or be available by phone, because any offer needs your instructions. Beforehand, the solicitor will prepare you by going through the evidence and the likely arguments. Offers may go back and forth during the conference. Nothing is settled unless you agree to it.
It's the usual way a CTP damages claim is decided if it doesn't settle. The Personal Injury Commission, an independent tribunal that has handled CTP disputes since 1 March 2021, appoints an assessor to consider the evidence from both sides and assess the damages. Your solicitor prepares the application and the supporting material. The process is generally less formal than court, and what follows an assessment depends on the circumstances.
Insurers commonly ask claimants to attend an independent medical examination, and refusing without a good reason can hold up your claim. Tell your solicitor as soon as you're asked. They can check the arrangements and tell you what to expect. At the examination, be accurate and consistent about your symptoms, neither understating nor overstating them. Afterwards, note how long it lasted and what you were asked.
In order: reviews the dates, decisions and deadlines already on your claim; watches the statutory benefits stage and challenges decisions that seem wrong; builds the medical evidence as your injuries settle; times and lodges the damages claim; negotiates with the insurer; and resolves the claim by settlement or claims assessment. Throughout, the solicitor tracks the time limits and explains each decision, while you keep up treatment and give instructions.
It depends on your injuries and the timing rules. As a general rule, not before 20 months after the accident unless whole person impairment is assessed as more than 10%, and generally no later than 3 years after it. Many solicitors aim to lodge within 2 years, because that keeps weekly payments available beyond the 2-year point while the claim is pending. The right moment balances those limits against how settled your injuries are.
Usually, if they're relevant. Police records can confirm how and when the crash happened, who was involved and whether anyone was charged. The solicitor will generally ask for them where liability is in question or the insurer relies on them. Give the solicitor the police event number if you have it. If police didn't attend, your own report and any witness details become more important.
Car accident solicitor: suburbs near Ashfield
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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.