Canterbury-Bankstown · How a car accident solicitor runs a claim

Lakemba car crash solicitor: stages, timing and settlement

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 Lakemba, we explain that work stage by stage, and help you find an independent solicitor if your claim calls for one.

Postcode: 2195

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Lakemba: records, deadlines and the file

Crashes on the Hume Highway, Canterbury Road or the M5 run under the same statewide timing rules. When a solicitor takes over, the first job is checking which deadlines are already running. For people in the City of Canterbury-Bankstown, 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. Around 14 km from the Sydney CBD, Lakemba 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
Canterbury-Bankstown
Postcode
2195
Local government area
City of Canterbury-Bankstown
Main roads
Canterbury Road · Haldon Street
Distance to Bankstown
~4 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.

The first stage of the file: benefits while you recover

Weekly payments generally stop after 104 weeks unless a damages claim is pending. That is one reason a solicitor keeps an eye on the calendar from the start. Decisions about weekly payments and other benefits can be reviewed, generally within 28 days of receiving the decision, and the solicitor tracks each of those windows as it opens.

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

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

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
  • The insurer wants you to sign a release or deed

You may not need one

  • Your injury has been accepted as a threshold injury and you agree with it
  • You're still in the first weeks and nothing has been decided yet
  • You only need help with a single benefit decision

If you started the claim yourself, gather every letter, form and decision into one bundle, in date order, before you speak with a solicitor. A review of those dates is where a file starts. CTP claim timeline

Not quite your situation?

  • If your main question is who caused the crash and what a fault finding means, the car accident lawyer page covers it. Car accident lawyer in Lakemba
  • 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 Lakemba
  • 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 Lakemba
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The file from review to resolution

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.

  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

    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 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.

When the damages claim goes in

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.

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

Offers, conferences and settling the file

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

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

Bringing a solicitor into a claim that's already running

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

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