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 Maroubra South, we explain that work stage by stage, and help you find an independent solicitor if your claim calls for one.
Eastern Suburbs · How a car accident solicitor runs a claim
How a car accident solicitor runs your claim, Maroubra South
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Running a claim from Maroubra South: the practical side
Whether the crash was on Anzac Parade or Old South Head Road, the file starts with dates: the accident, the claim, and every insurer decision since. Those dates set what the solicitor does first. Living in the Randwick City 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. Hospitals serving the area include Prince of Wales Hospital and Sydney Children's 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
- Eastern Suburbs
- Postcode
- 2035
- Local government area
- Randwick City Council
- Main roads
- Anzac Parade · Maroubra Road
- Nearest public hospital
- Prince of Wales Hospital
Dates, decisions and deadlines: the file review
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.
If the claim doesn't settle: the PIC
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
The first stage of the file: benefits while you recover
For the first part of a CTP file, the claim is about statutory benefits: weekly payments if you can't work, and treatment and care that is reasonable and necessary. Much of this runs directly between you and your case manager. The solicitor's role is to watch the insurer's decisions and step in where one affects your entitlements or your later damages claim.
Offers, conferences and settling the file
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
Medical evidence and impairment on 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.
The damages claim: timing and content
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 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
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
Six stages of a solicitor-run CTP claim
From the first review to the final settlement or assessment, a damages file usually runs for years rather than months. The six stages below are the general shape of it, in the order they usually come.
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.
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
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.
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
- Your earnings are irregular and proving lost income will take work
- Your impairment may be more than 10% and that could change the timing
- A threshold decision could close off the damages stage
- A settlement conference or claims assessment is coming up
You may not need one
- You only need help with a treatment approval
- You accept that you were mostly at fault and your benefits are flowing
- Your questions are about lodging, not about damages
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.
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 Maroubra South
- If you're still deciding whether a lawyer is worth it for your CTP claim, start with the CTP lawyer page. CTP lawyer in Maroubra South
- If the big question on your file is how serious your injury is in claim terms, the injury compensation lawyer page explains impairment. Injury compensation lawyer in Maroubra South
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Talk through your CTP file
We'll look at your dates, decisions and deadlines, and point you to a solicitor only when your claim calls for one.
Frequently asked questions
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.
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.
You may. A medico-legal report is written by an independent doctor for the claim itself, not for treatment. 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 different from your treating doctors' records, which remain important. Ask your solicitor who is being asked for a report and why.
Usually not. Most CTP damages claims are resolved by negotiation, and those that don't settle generally go to claims assessment at the Personal Injury Commission rather than to court. Court proceedings are possible in some circumstances, for example where a claim is exempt from assessment, but they're less common. If court becomes an option on your file, the solicitor will explain the process, the timing and the risks before anything is decided.
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.
In order: reviews the dates, decisions and deadlines already on your claim; watches the statutory benefits stage and challenges decisions that seem wrong; builds the medical evidence as your injuries settle; times and lodges the damages claim; negotiates with the insurer; and resolves the claim by settlement or claims assessment. Throughout, the solicitor tracks the time limits and explains each decision, while you keep up treatment and give instructions.
Car accident solicitor: suburbs near Maroubra South
Related reading
- CTP lump sum and damages claims
- CTP claim timeline in NSW
- CTP settlement: what to expect
- CTP claim time limits
- Car accident lawyer help
- Neck Injury
- Lower Back Pain After a Car Accident
- Headaches After a Car Accident
- Pre-Existing Condition Aggravation
- CTP claims for drivers
- Eastern Suburbs: 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.