Lower North Shore & Ryde · How a car accident solicitor runs a claim

Car accident solicitor help for people in Hunters Hill

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

Most people have never watched a claim move from start to finish, so the long quiet stretches can be unsettling. For people from Hunters Hill, we lay out what a solicitor generally does at each stage of a CTP file, what you'll be asked for, and when the key decisions arrive. It's general information, not legal advice, and our claim check is free.

Postcode: 2110

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Local records that end up on a file from Hunters Hill

Royal North Shore Hospital and Ryde Hospital treat many people hurt on the Pacific Highway and Epping Road. A solicitor uses those records, and later specialist reports, to build the medical side of the file. Living in the Hunter's Hill 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 Victoria 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.

Region
Lower North Shore & Ryde
Postcode
2110
Local government area
Hunter's Hill Council
Main roads
Victoria Road · Gladesville Road
Nearest public hospital
Royal North Shore Hospital

Dates, decisions and deadlines: the file review

The file review is less about the crash and more about the paper trail since. The solicitor reads the claim form, the insurer's letters and decisions, your Certificates of Fitness and any statements you've given. The aim is to see where the claim stands, what is still open, and whether any decision needs to be challenged before its time limit passes.

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.

Reports, examinations and impairment

Your role in the medical stage is steady: keep up treatment, attend reviews, and tell your doctors about every ongoing symptom. The solicitor's role is to decide when the evidence is complete enough to act on. That may involve reports from specialists and, where impairment could exceed 10%, an assessment that can change when the damages claim is lodged.

Read next:Independent medical examinations: what to expect

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

When the damages claim goes in

Preparing the damages claim means pulling the file together: an account of the crash, the medical evidence, 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 keep up treatment and tell the solicitor about any change in your work or health.

Read next:CTP damages claims

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

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.

  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.

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

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

  • A threshold decision could close off the damages stage
  • A settlement conference or claims assessment is coming up
  • An offer has arrived and you don't know how to weigh it
  • 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 treatment approval
  • What you need most right now is medical care, not a file review
  • You accept that you were mostly at fault and your benefits are flowing

Whatever stage your file is at, treatment continues alongside it. We can put you in touch with doctors and allied health who know how the Certificate of Fitness and CTP claims work.

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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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