Most people have never watched a claim move from start to finish, so the long quiet stretches can be unsettling. For people from Linley Point, 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.
Lower North Shore & Ryde · How a car accident solicitor runs a claim
Car accident solicitor Linley Point: the file, start to finish
Statutory benefits first, damages later: how the two stages fit together on one file.
Postcode: 2066
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Your CTP file and where you live: Linley Point
Commuter crashes on the Warringah Freeway or Military Road can take years to resolve if a damages claim follows. The solicitor keeps the deadlines, while you keep up treatment and records. For people in Lane Cove 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. Crashes on busy routes like Burns Bay Road, Linley Lane and Reserve Road often involve several vehicles. A solicitor reviewing the file checks which insurer accepted the claim and whether liability for damages has been admitted, denied or not yet decided.
Hospitals serving the area include Royal North Shore Hospital. Hospital, GP and specialist records together form the medical history the insurer and any assessor will rely on, so a solicitor keeps track of them throughout the file.
- Region
- Lower North Shore & Ryde
- Postcode
- 2066
- Local government area
- Lane Cove Council
- Main roads
- Burns Bay Road · Linley Lane
- Nearest public hospital
- Royal North Shore Hospital
Taking on the file: what the solicitor checks first
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.
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
Negotiation and settlement
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
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.
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
While benefits are being paid
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.
Building the medical side of the file
The medical evidence on a file comes from what your treating doctors record, what independent specialists report, and how your injuries look once they've settled. The insurer may arrange its own examination. Impairment assessment usually waits until recovery has plateaued, because an early assessment can understate a lasting injury. How impairment is assessed is covered elsewhere; here it matters for timing.
Taking over a claim you started yourself
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.
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
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%.
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.
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?
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 damages claim is possible and the 2-year and 3-year points are approaching
- Your impairment may be more than 10% and that could change the timing
- An offer has arrived and you don't know how to weigh it
- You started the claim yourself and it has become complicated
You may not need one
- Your questions are about lodging, not about damages
- Statutory benefits are being paid and nothing has been disputed
- What you need most right now is medical care, not a file review
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 Linley Point
- 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 Linley Point
- 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 Linley Point
Free claim check
Free check on where your file is up to
Call (02) 7238 7379 or leave a few details online. The check is free with no obligation, and we'll help you see what comes next on your file.
Frequently asked questions
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 treatment, work 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.
Insurers commonly ask claimants to attend an independent medical examination, and refusing without a good reason can hold up your claim. Tell your solicitor as soon as you're asked. They can check the arrangements and tell you what to expect. At the examination, be accurate and consistent about your symptoms, neither understating nor overstating them. Afterwards, note how long it lasted and what you were asked.
The file shifts to proving the points the insurer disputes. That may be who caused the crash, whether you were mostly at fault, or whether your injury is more than a threshold injury. The solicitor gathers evidence on each point and responds to the insurer. If the dispute can't be resolved by negotiation, it may go to the Personal Injury Commission. Statutory benefits you're already receiving are a separate question and may continue meanwhile.
It depends on your injuries and the timing rules. As a general rule, not before 20 months after the accident unless whole person impairment is assessed as more than 10%, and generally no later than 3 years after it. Many solicitors aim to lodge within 2 years, because that keeps weekly payments available beyond the 2-year point while the claim is pending. The right moment balances those limits against how settled your injuries are.
Yes, a solicitor can generally take over a claim at any stage. They'll tell the insurer they're now handling it, obtain the claim file and review what has happened so far, including any decisions that can still be reviewed. Keep dealing with the insurer as usual until the solicitor confirms they've taken over. Bringing someone in earlier leaves more options open, because the time limits keep running either way.
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.
Car accident solicitor: suburbs near Linley Point
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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.