Goulburn & Southern Tablelands · How a car accident solicitor runs a claim

Car accident solicitor help for people in Baw Baw

A damages file generally takes years, not weeks. Here's why, and what happens at each stage.

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 Baw Baw can use our free claim check to see where their file is up to and what the next stage involves.

Postcode: 2580

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Your CTP file and where you live: Baw Baw

Goulburn Base Hospital treats many local crash injuries, and some people with serious injuries are treated in Canberra. A NSW file collects records from both, since the claim follows where the crash happened. For people in Goulburn Mulwaree Council, as anywhere else, the file follows the dates of the crash, not where you live. The accident date sets which rules apply and when the damages claim can, and must, be lodged. 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
Goulburn & Southern Tablelands
Postcode
2580
Local government area
Goulburn Mulwaree Council
Public hospital in the region
Goulburn Base Hospital

Taking on the file: what the solicitor checks first

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.

How a damages file usually settles

When a claim settles, you'll usually sign a release or deed that ends the claim in exchange for the agreed amount. Read it carefully and ask what it covers before you sign, including what happens to any benefits still being paid. A signed settlement is very hard to undo, which is why solicitors generally advise against settling before your injuries have stabilised.

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.

Read next:Independent medical examinations: what to expect

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

  • An offer has arrived and you don't know how to weigh it
  • The insurer has disputed liability for your damages claim
  • 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 questions are about lodging, not about damages
  • You accept that you were mostly at fault and your benefits are flowing
  • You only need help with a treatment approval

The medical evidence on a file starts with your treating doctors. We can point you to doctors and allied health experienced with CTP claims, including the Certificate of Fitness the insurer relies on.

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 Baw Baw
  • 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 Baw Baw
  • If you want to understand how impairment is assessed and what a serious injury means for your claim, see the injury compensation lawyer page. Injury compensation lawyer in Baw Baw
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The file from review to resolution

From the first review to the final settlement or assessment, a damages file usually runs for years rather than months. The six stages below are the general shape of it, in the order they usually come.

  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 file ends with a settlement you agree to, a claims assessment at the Personal Injury Commission or, less often, court proceedings. Settling in the first 2 years after the crash generally isn't allowed unless impairment is above 10%.

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

When negotiation stalls

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

Lodging the damages claim

Timing the damages claim is one of the solicitor's main decisions. Lodge within 2 years of the accident and weekly payments can continue beyond the 2-year point while the claim is pending. Lodge before 20 months only if impairment is more than 10%. Leave it past 3 years and the claim may only be allowed with a full and satisfactory explanation.

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

For the first part of a CTP file, the claim is about statutory benefits: weekly payments if you can't work, and treatment and care that is reasonable and necessary. Much of this runs directly between you and your case manager. The solicitor's role is to watch the insurer's decisions and step in where one affects your entitlements or your later damages claim.

Taking over a claim you started yourself

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

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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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