Most people have never watched a claim move from start to finish, so the long quiet stretches can be unsettling. For people from Mount Elliot, 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.
Central Coast · How a car accident solicitor runs a claim
How a car accident solicitor runs your claim, Mount Elliot
Statutory benefits first, damages later: how the two stages fit together on one file.
Postcode: 2250
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A solicitor-run claim for people in Mount Elliot
Many Central Coast residents work in Sydney, and a crash on the M1 can mean time off from a Sydney job. Earnings records from before the crash become important when the damages claim is prepared. If your crash happened on a local road in the Central Coast 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. Where the crash happened is fixed on the file early. It matters for the police record, for any witnesses and, occasionally, for which scheme applies near a border.
If you were treated at Gosford 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
- Central Coast
- Postcode
- 2250
- Local government area
- Central Coast Council
- Public hospital in the region
- Gosford Hospital
The first review of your claim
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.
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.
If you're self-employed or your income varies, proving lost earnings takes more work. Business records, business activity statements and an accountant's reports may all be needed, and gathering them can take time. The solicitor will usually start collecting them well before the damages claim is due, so missing documents don't put the timing rules at risk.
Read next:CTP damages claims
Reports, examinations and impairment
As your injuries settle, the medical side of the file takes shape. Your treating doctors' records come first. Reports written for the claim itself, by independent specialists the solicitor instructs, may follow, and the insurer can ask you to see a doctor of its choosing. If your whole person impairment could be more than 10%, it will be assessed once your condition has stabilised, which affects both timing and what can be claimed.
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
- A settlement conference or claims assessment is coming up
- 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
- Your injury has been accepted as a threshold injury and you agree with it
- 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 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 Mount Elliot
- If you're still deciding whether a lawyer is worth it for your CTP claim, start with the CTP lawyer page. CTP lawyer in Mount Elliot
- 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 Mount Elliot
Free claim check
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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.
Six stages of a solicitor-run CTP claim
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
While you recover, weekly payments and treatment 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.
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.
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.
How a damages file usually settles
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
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
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.
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
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.
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.
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.
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.
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.
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.
Car accident solicitor: suburbs near Mount Elliot
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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.