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 Frederickton can use our free claim check to see where their file is up to and what the next stage involves.
Mid North Coast · How a car accident solicitor runs a claim
How a car accident solicitor runs your claim, Frederickton
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Postcode: 2440
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Running a claim from Frederickton: the practical side
A crash on the Pacific Highway is claimed under the NSW scheme whoever was driving and wherever they live. The file review confirms the insurer and the dates that set the timetable. If your crash happened on a local road in the Kempsey 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 you were treated at Kempsey District Hospital, those records are usually among the first a solicitor obtains, with your authority. Emergency notes show your injuries on the day, which helps when the insurer later assesses them.
- Region
- Mid North Coast
- Postcode
- 2440
- Local government area
- Kempsey Shire Council
- Main roads
- Macleay Valley Way · Pacific Highway
- Nearest public hospital
- Kempsey District Hospital
The first review of your claim
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
Damages claims are most often resolved by negotiation. The insurer and the solicitor exchange evidence and offers, sometimes at a settlement conference with you present or available. You'll hear what each offer means against the evidence, and what going further could risk. You decide whether to accept. If an offer seems low, the solicitor can generally answer it with further evidence rather than a flat refusal.
Read next:CTP settlements
Medical evidence and impairment on 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.
When negotiation stalls
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
The statutory benefits stage
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.
Lodging the damages claim
A damages claim is separate from the statutory benefits claim. It can generally be made only if another driver was at fault, you weren't mostly at fault and your injury is more than a threshold injury. It generally can't be made before 20 months after the accident unless whole person impairment is more than 10%, and must generally be made within 3 years.
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 keep up treatment and tell the solicitor about any change in your work or health.
Read next:CTP damages claims
Taking over a claim you started yourself
If you've been dealing with the insurer on your own, keep doing what the claim needs until the solicitor confirms they've taken it on. Gather your claim number, every letter and decision, your Certificates of Fitness and any statements you've given. The solicitor uses them to rebuild the history of the claim and check whether anything needs urgent attention.
Read next:Free claim check
How a CTP file runs: six stages
Every CTP file is different, but most follow the same order. Here are the six stages a solicitor generally works through, with the timing rules that apply. Some files end early, for example when no damages claim is open.
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.
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 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.
Solicitor-run or self-run: which suits your claim?
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
- The insurer wants you to sign a release or deed
- A threshold decision could close off the damages stage
- The insurer has disputed liability for your damages claim
- 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
- Your injuries are healing and no damages claim is likely
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 Frederickton
- 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 Frederickton
- 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 Frederickton
Free claim check
Wondering what stage your claim is at?
From anywhere in NSW, by phone or online. The claim check is free, and whether you go further is up to you.
Frequently asked questions
Usually a release or deed of settlement. In exchange for the agreed amount, it generally ends your damages claim and stops you bringing it again. It may also deal with other matters, such as what happens to any statutory benefits still being paid. Read it carefully and ask your solicitor to explain each part before you sign, because a signed settlement is very hard to undo.
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.
Usually years rather than months. The timing rules set the pace: a damages claim generally can't be lodged before 20 months unless impairment is more than 10%, and generally can't settle within 2 years of the accident on the same condition. After lodgement, negotiation and any claims assessment add further time. Files with serious injuries can move earlier, while disputes over liability or medical evidence can slow things down. Your solicitor can give a rough estimate for your file.
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.
Usually not. Most CTP damages claims are resolved by negotiation, and those that don't settle generally go to claims assessment at the Personal Injury Commission rather than to court. Court proceedings are possible in some circumstances, for example where a claim is exempt from assessment, but they're less common. If court becomes an option on your file, the solicitor will explain the process, the timing and the risks before anything is decided.
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.
Car accident solicitor: suburbs near Frederickton
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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.