Newcastle & the Hunter · How a car accident solicitor runs a claim

Lemon Tree Passage car crash solicitor: stages, timing and settlement

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

Postcode: 2319

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Running a claim from Lemon Tree Passage: the practical side

Crashes on the M1, the Hunter Expressway or the New England Highway follow the same file stages as in Sydney. The solicitor you speak with can be based anywhere in NSW and still work to the same timetable. If your crash happened on a local road in the Port Stephens 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 the crash happened on Lemon Tree Passage 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.

If you were treated at John Hunter 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
Newcastle & the Hunter
Postcode
2319
Local government area
Port Stephens Council
Main roads
Lemon Tree Passage Road
Nearest public hospital
John Hunter Hospital

Dates, decisions and deadlines: the file review

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.

Building the medical side of the file

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

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 treatment can be reviewed, generally within 28 days of receiving the decision, and the solicitor tracks each of those windows as it opens.

When the damages claim goes in

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.

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 medical examination. Keep the solicitor told of any change in your work, treatment or symptoms, and answer requests promptly, because an up-to-date file is easier to resolve.

Read next:CTP damages claims

Claims assessment at the Personal Injury Commission

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

Negotiation and settlement

When a claim settles, you'll usually sign a release or deed that ends the claim in exchange for the agreed amount. Read it carefully and ask what it covers before you sign, including what happens to any benefits still being paid. A signed settlement is very hard to undo, which is why solicitors generally advise against settling before your injuries have stabilised.

Read next:CTP settlements

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

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.

  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

    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.

  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

    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.

  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

  • Your impairment may be more than 10% and that could change the timing
  • The insurer has disputed liability for your damages claim
  • A threshold decision could close off the damages stage
  • The insurer wants you to sign a release or deed

You may not need one

  • You accept that you were mostly at fault and your benefits are flowing
  • Your questions are about lodging, not about damages
  • You only need help with a treatment approval

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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