Parramatta & Cumberland · How a car accident solicitor runs a claim

A CTP solicitor's work on your file, for people in Melrose Park

A damages file generally takes years, not weeks. Here's why, and what happens at each stage.

One way to understand a car accident claim is to follow the file. It opens with a review of dates and decisions, moves through statutory benefits and the evidence, and, if a damages claim is open to you, ends in settlement or assessment. We're not a law firm. For people in Melrose Park, we explain the path and can introduce you to an independent solicitor if it would help.

Postcode: 2114

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Melrose Park & Ermington

Local records that end up on a file from Melrose Park

If you started a claim yourself after a crash near Parramatta or Granville, a solicitor can take it over. They'll ask for everything you've lodged and received, so bring the whole bundle, even letters you didn't understand. Living in the City of Parramatta 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. Crashes on busy routes like Victoria Road, Wharf Road and Atkins 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.

You won't need to travel to Parramatta for your file to move forward. From Melrose Park, each stage of a CTP file, from the first review to settlement, can generally be handled by phone, email and online.

Region
Parramatta & Cumberland
Postcode
2114
Local government area
City of Parramatta
Main roads
Victoria Road · Wharf Road
Distance to Parramatta
~6 km

Dates, decisions and deadlines: the file review

The file review is less about the crash and more about the paper trail since. The solicitor reads the claim form, the insurer's letters and decisions, your Certificates of Fitness and any statements you've given. The aim is to see where the claim stands, what is still open, and whether any decision needs to be challenged before its time limit passes.

Building the evidence for a damages claim

Your role in this stage is steady: keep the solicitor told about ongoing symptoms and any change in what you can do at work. The solicitor's role is to decide when the evidence is complete enough to act on. That may involve independent reports and, where impairment could exceed 10%, an assessment that can change when the damages claim is lodged.

Read next:Whole person impairment explained

If the claim doesn't settle: the PIC

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

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

While benefits are being paid

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.

When the damages claim goes in

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.

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 answer requests promptly and tell the solicitor about any change in your work or circumstances.

Read next:CTP damages claims

Bringing a solicitor into a claim that's already running

Many people lodge a CTP claim themselves and only look for a solicitor later, often after a decision goes against them or when a damages claim comes into view. That's common and generally not a problem. The solicitor notifies the insurer, obtains your claim file and reviews what has happened so far. The time limits keep running throughout, so earlier is better than later.

Read next:Free claim check

Six stages of a solicitor-run CTP claim

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.

  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

    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 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?

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 earnings are irregular and proving lost income will take work
  • The insurer wants you to sign a release or deed
  • The insurer has disputed liability for your damages claim
  • A damages claim is possible and the 2-year and 3-year points are approaching

You may not need one

  • You accept that you were mostly at fault and your benefits are flowing
  • You only need help with a single benefit decision
  • Statutory benefits are being paid and nothing has been disputed

If an offer arrives, don't answer it on the phone. Ask for it in writing, note the date and get advice on whether it reflects your past and future losses before you decide. CTP settlements

Not quite your situation?

Two people going through a bound document together, one pointing at a clause

Free claim check

Wondering what stage your claim is at?

Let us know what stage your claim has reached. We'll explain the next one and connect you with an independent solicitor if your file needs one.

Free · No obligation

Frequently asked questions

Ready to talk it through?

Get a free, no-obligation claim check. It's the first step toward understanding where your claim stands and what help it needs.

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.

Call now — (02) 7238 7379Free claim check