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 Balmoral can use our free claim check to see where their file is up to and what the next stage involves.
Macarthur & Wollondilly · How a car accident solicitor runs a claim
Car accident solicitor help for people in Balmoral
A damages file generally takes years, not weeks. Here's why, and what happens at each stage.
Postcode: 2571
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Balmoral: records, hospitals and the file
A crash on Picton Road or Appin Road is claimed under the same NSW timing rules as one in the city. The solicitor tracks the 20-month, 2-year and 3-year points from your accident date. If your crash happened on a local road in the Wollondilly Shire Council 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. If the crash happened on Hawthorne Road, the solicitor will want the exact location, direction of travel and time. Those details appear in the police record and in the account of the accident that goes into the damages claim.
Hospital records from Bowral and District Hospital, GP notes and specialist reports build up over the life of a file. A solicitor usually waits until your injuries settle before relying on them for the damages claim.
- Region
- Macarthur & Wollondilly
- Postcode
- 2571
- Local government area
- Wollondilly Shire Council
- Main roads
- Hawthorne Road · Charlies Point Road
- Nearest public hospital
- Bowral and District Hospital
Taking on the file: what the solicitor checks first
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.
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
Negotiation and settlement
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
Building the medical side of the file
As your injuries settle, the medical side of the file takes shape. Your treating doctors' records come first. Reports written for the claim itself, by independent specialists the solicitor instructs, may follow, and the insurer can ask you to see a doctor of its choosing. If your whole person impairment could be more than 10%, it will be assessed once your condition has stabilised, which affects both timing and what can be claimed.
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.
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
Bringing a solicitor into a claim that's already running
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
How a CTP file runs: six stages
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
The medical evidence builds over time: treating records, specialist opinions and, where needed, medico-legal reports. Impairment is usually assessed only when your condition has settled, so this stage can't be rushed.
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
The insurer considers the damages claim and may accept or dispute parts of it. The solicitor exchanges evidence and offers with the insurer, and may take part in a settlement conference. You decide whether to accept any offer.
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.
Handing your file to a car accident solicitor: when it helps
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
- Your impairment may be more than 10% and that could change the timing
- An offer has arrived and you don't know how to weigh it
- Your earnings are irregular and proving lost income will take work
You may not need one
- What you need most right now is medical care, not a file review
- Statutory benefits are being paid and nothing has been disputed
- 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 your main question is who caused the crash and what a fault finding means, the car accident lawyer page covers it. Car accident lawyer in Balmoral
- If you haven't decided whether you need a lawyer at all, the CTP lawyer page helps you weigh it up first. CTP lawyer in Balmoral
- 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 Balmoral
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Wondering what stage your claim is at?
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Frequently asked questions
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.
You may. A medico-legal report is written by an independent doctor for the claim itself, not for treatment. Your solicitor may arrange one or more, often once your injuries have stabilised, to give an opinion on your injuries, their cause and your capacity to work. They're different from your treating doctors' records, which remain important. Ask your solicitor who is being asked for a report and why.
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.
Yes, a solicitor can generally take over a claim at any stage. They'll tell the insurer they're now handling it, obtain the claim file and review what has happened so far, including any decisions that can still be reviewed. Keep dealing with the insurer as usual until the solicitor confirms they've taken over. Bringing someone in earlier leaves more options open, because the time limits keep running either way.
The file shifts to proving the points the insurer disputes. That may be who caused the crash, whether you were mostly at fault, or whether your injury is more than a threshold injury. The solicitor gathers evidence on each point and responds to the insurer. If the dispute can't be resolved by negotiation, it may go to the Personal Injury Commission. Statutory benefits you're already receiving are a separate question and may continue meanwhile.
Early on, everything you already have: the claim number, the insurer's letters and decisions, Certificates of Fitness and any statements. During the benefits stage, updates on treatment, work and symptoms. Before the damages claim, proof of earnings such as payslips, tax returns or business records. Near settlement, your instructions on offers. Throughout, prompt replies and honest updates, including about anything that has improved.
Car accident solicitor: suburbs near Balmoral
Related reading
- CTP lump sum and damages claims
- CTP claim time limits
- CTP claim timeline in NSW
- Whole person impairment
- Neck Injury
- Lower Back Pain After a Car Accident
- Headaches After a Car Accident
- Pre-Existing Condition Aggravation
- CTP claims for drivers
- Macarthur & Wollondilly: area guide
- Car Accident Lawyer Help in Sydney
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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.