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 Galston can use our free claim check to see where their file is up to and what the next stage involves.
Upper North Shore & Hornsby · How a car accident solicitor runs a claim
How a car accident solicitor runs your claim, Galston
A damages file generally takes years, not weeks. Here's why, and what happens at each stage.
Postcode: 2159
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Local records that end up on a file from Galston
From Wahroonga to Berowra, a solicitor running your file generally keeps you told of each offer. Whether to accept is your decision, and it's reasonable to ask for time to think before you answer. For people in Hornsby Shire 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. Whether it was on Galston Road 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.
Around 29 km from the Sydney CBD, Galston is well within reach of solicitors who run CTP files by phone and online. Settlement discussions and most other file steps generally don't need you to travel.
- Region
- Upper North Shore & Hornsby
- Postcode
- 2159
- Local government area
- Hornsby Shire Council
- Main roads
- Galston Road · Mid Dural Road
- Distance to Hornsby
- ~8 km
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.
When the damages claim goes in
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.
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 examination. Keep the solicitor told of any change in your work, income or symptoms, and answer requests promptly, because an up-to-date file is easier to resolve.
Read next:CTP damages claims
The statutory benefits stage
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.
Do you need a solicitor to run your CTP file?
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
- A damages claim is possible and the 2-year and 3-year points are approaching
- You started the claim yourself and it has become complicated
- The insurer has disputed liability for your damages claim
- Your impairment may be more than 10% and that could change the timing
You may not need one
- You're still in the first weeks and nothing has been decided yet
- You only need help with a single benefit decision
- Your questions are about lodging, not about damages
Ask for a written costs disclosure before a solicitor starts work on your file. Costs for damages claims have a regulated maximum, and the disclosure should show how yours will be calculated. What a CTP lawyer costs
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 Galston
- 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 Galston
- 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 Galston
Free claim check
Solicitor questions near Galston? Free check
Let us know what stage your claim has reached. We'll explain the next one and connect you with an independent solicitor if your file needs one.
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
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
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.
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%.
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
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.
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.
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 evidence for a damages claim
The evidence on a file comes from the records made since the crash, the reports independent experts prepare for the claim, and how your injuries look once they've settled. The insurer may arrange its own examination. Impairment assessment usually waits until your condition has plateaued, because an early assessment can understate a lasting injury. How impairment is assessed is covered elsewhere; here it matters for timing.
Read next:Whole person impairment explained
Claims assessment at the Personal Injury Commission
Some claims can go to court rather than, or after, claims assessment, for example where a claim is exempt from assessment or a party is entitled to take it further. This is less common in CTP files and depends on the facts. If it's possible in your case, the solicitor will explain the costs, the risks and the timing before any decision is made.
Read next:The Personal Injury Commission
Already lodged your claim? How a solicitor steps in
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
Frequently asked questions
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.
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 work, income 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.
You may. A medico-legal report is written by an independent expert for the claim itself. 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 separate from the records made since the crash, which remain important. Ask your solicitor who is being asked for a report and why.
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 the evidence can slow things down. Your solicitor can give a rough estimate for your file.
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.
Car accident solicitor: suburbs near Galston
Related reading
- CTP lump sum and damages claims
- Independent medical examinations
- Car accident lawyer help
- CTP settlement: what to expect
- CTP claim time limits
- Neck Injury
- Lower Back Pain After a Car Accident
- Headaches After a Car Accident
- Pre-Existing Condition Aggravation
- CTP claims for drivers
- Upper North Shore & Hornsby: 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.