Wollongong & the Illawarra · How a car accident solicitor runs a claim

Car accident solicitor Corrimal: the file, start to finish

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

Postcode: 2518

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Running a claim from Corrimal: the practical side

Around Wollongong and Shellharbour, the statutory benefits stage often runs without a solicitor's help. Their role grows once a damages claim is in view, when evidence, timing and negotiation all start to matter. Living in the Wollongong City 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. Whether it was on the Princes Highway 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.

Corrimal is about 5 km north of Wollongong, but a CTP file doesn't need you nearby. Solicitors routinely run these claims by phone and online, with documents exchanged by email and signed remotely.

Region
Wollongong & the Illawarra
Postcode
2518
Local government area
Wollongong City Council
Main roads
Princes Highway · Memorial Drive
Distance to Wollongong
~5 km

The first review of your claim

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.

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

Reports, examinations and impairment

As your injuries settle, the evidence side of the file takes shape. Records of your injuries come first. Reports written for the claim itself, by independent experts the solicitor instructs, may follow, and the insurer can ask you to attend an examination it arranges. 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:Whole person impairment explained

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

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

  • A threshold decision could close off the damages stage
  • 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

You may not need one

  • You accept that you were mostly at fault and your benefits are flowing
  • Your injury has been accepted as a threshold injury and you agree with it
  • You only need help with a single benefit decision

If an offer arrives, don't answer it on the phone. Ask for it in writing, note the date and get advice on whether it reflects your past and future losses before you decide. CTP settlements

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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

    First comes a review: what happened, which insurer has the claim, what it has decided and which dates matter. You should also be given written information about costs before significant work starts, and you can ask questions about it.

  2. The first months

    The statutory benefits stage

    While the claim runs, weekly payments and treatment and care 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.

  3. As injuries settle

    Evidence and impairment

    The evidence builds over time: records of your injuries, proof of earnings and, where needed, independent reports written for the claim. Impairment is usually assessed only once your condition has settled, so this stage can't be rushed.

  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.

Negotiation and settlement

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

While benefits are being paid

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.

The damages claim: timing and content

Preparing the damages claim means pulling the file together: an account of the crash, the evidence about your injuries, 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.

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 answer requests promptly and tell the solicitor about any change in your work or circumstances.

Read next:CTP damages claims

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

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