Once a solicitor takes on a car accident claim, the file follows a fairly set path under NSW law. Statutory benefits come first. Medical evidence builds as your injuries settle. A damages claim generally can't be lodged before 20 months unless your impairment is more than 10%, and must generally be made within 3 years. For people in Marsfield, we explain each stage and connect you with an independent solicitor when your claim needs one.
Lower North Shore & Ryde · How a car accident solicitor runs a claim
From review to settlement: a CTP solicitor for Marsfield
A damages file generally takes years, not weeks. Here's why, and what happens at each stage.
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Your CTP file and where you live: Marsfield
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. If your crash happened on a local road in the City of Ryde 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.
- Region
- Lower North Shore & Ryde
- Postcode
- 2122
- Local government area
- City of Ryde
- Main roads
- Epping Road · Balaclava Road
- Nearest public hospital
- Ryde Hospital
Taking on the file: what the solicitor checks first
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.
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.
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
While benefits are being paid
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.
Lodging the damages claim
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
If the claim doesn't settle: the PIC
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
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
The file from review to resolution
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.
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 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.
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
- Your impairment may be more than 10% and that could change the timing
- The insurer wants you to sign a release or deed
- 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
- You accept that you were mostly at fault and your benefits are flowing
- Your injury has been accepted as a threshold injury and you agree with it
Consistent treatment makes for a clearer file. Ask us about doctors and allied health, such as GPs, physiotherapists and psychologists, who understand CTP claims and complete the Certificate of Fitness.
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 Marsfield
- If you're still deciding whether a lawyer is worth it for your CTP claim, start with the CTP lawyer page. CTP lawyer in Marsfield
- 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 Marsfield
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Frequently asked questions
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.
Generally, the insurer and your solicitor meet, in person or online, to try to agree on a settlement figure. You'll usually be asked to attend or be available by phone, because any offer needs your instructions. Beforehand, the solicitor will prepare you by going through the evidence and the likely arguments. Offers may go back and forth during the conference. Nothing is settled unless you agree to it.
Usually a release or deed of settlement. In exchange for the agreed amount, it generally ends your damages claim and stops you bringing it again. It may also deal with other matters, such as what happens to any statutory benefits still being paid. Read it carefully and ask your solicitor to explain each part before you sign, because a signed settlement is very hard to undo.
Usually, if they're relevant. Police records can confirm how and when the crash happened, who was involved and whether anyone was charged. The solicitor will generally ask for them where liability is in question or the insurer relies on them. Give the solicitor the police event number if you have it. If police didn't attend, your own report and any witness details become more important.
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.
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 Marsfield
Related reading
- CTP lump sum and damages claims
- CTP claim time limits
- CTP claim timeline in NSW
- CTP settlement: what to expect
- Neck Injury
- Lower Back Pain After a Car Accident
- Headaches After a Car Accident
- Pre-Existing Condition Aggravation
- CTP claims for drivers
- Lower North Shore & Ryde: 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.