Northern Beaches · How a car accident solicitor runs a claim

Car accident solicitor help for people in Forestville

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

Engaging a solicitor doesn't make the claim move faster. The timing rules for CTP damages are set by law, and the solicitor works within them. What changes is who tracks the deadlines, gathers the evidence and deals with the insurer. For people in Forestville, we explain that work stage by stage, and help you find an independent solicitor if your claim calls for one.

Postcode: 2087

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Forestville & Killarney Heights

Forestville: records, deadlines and the file

After a crash on Pittwater Road or the Wakehurst Parkway, a solicitor tracks the 3-year limit for the damages claim, and the 2-year point if weekly payments need to continue past 2 years. Living in the Northern Beaches 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. If the crash happened on Warringah 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.

You won't need to travel to Chatswood for your file to move forward. From Forestville, each stage of a CTP file, from the first review to settlement, can generally be handled by phone, email and online.

Region
Northern Beaches
Postcode
2087
Local government area
Northern Beaches Council
Main roads
Warringah Road · Forest Way
Distance to Chatswood
~5 km

Dates, decisions and deadlines: the file review

When a solicitor takes on a car accident claim, the first job is a review of what has already happened. That means the accident date, which sets the rules that apply; the date the claim was lodged; each decision the insurer has made; and any deadline already running, such as the 28 days to seek internal review of a decision. Nothing else is planned until those dates are clear.

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

Building the evidence for a damages claim

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

Claims assessment at the Personal Injury Commission

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.

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

While benefits are being paid

A key decision in this stage is whether the insurer treats your injury as a threshold injury. For accidents from 1 April 2023, threshold injuries generally have statutory benefits for up to 52 weeks, and they don't lead to damages. A solicitor looks closely at that decision, because a wrong threshold finding can close off the second half of the file.

Already lodged your claim? How a solicitor steps in

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

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

    Once your injuries have stabilised, the solicitor may arrange independent reports for the claim, 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

    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.

  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.

Handing your file to a car accident solicitor: when it helps

These points show when handing the file to a solicitor usually helps, and when you may be fine running it yourself. If you're unsure where yours sits, the free claim check can tell you.

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

  • You only need help with a single benefit decision
  • Your injury has been accepted as a threshold injury and you agree with it
  • Your injuries are healing and no damages claim is likely

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

Not quite your situation?

A woman on a phone call, listening intently

Free claim check

Free check on where your file is up to

Call (02) 7238 7379 or leave a few details online. The check is free with no obligation, and we'll help you see what comes next on your file.

Free · No obligation

Frequently asked questions

Ready to talk it through?

Get a free, no-obligation claim check. It's the first step toward understanding where your claim stands and what help it needs.

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.

Call now — (02) 7238 7379Free claim check