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 Mount Pritchard, we explain the path and can introduce you to an independent solicitor if it would help.
Liverpool & Fairfield · How a car accident solicitor runs a claim
A CTP solicitor's work on your file, for people in Mount Pritchard
Statutory benefits first, damages later: how the two stages fit together on one file.
Postcode: 2170
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Running a claim from Mount Pritchard: the practical side
After a crash on Elizabeth Drive or the Cumberland Highway, the insurer decides whether it accepts liability for damages. It may accept, dispute part of the claim or deny it, and the solicitor responds to each position. If your crash happened on a local road in the Fairfield City 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. You won't need to travel to Liverpool for your file to move forward. From Mount Pritchard, each stage of a CTP file, from the first review to settlement, can generally be handled by phone, email and online.
- Region
- Liverpool & Fairfield
- Postcode
- 2170
- Local government area
- Fairfield City Council
- Main roads
- Meadows Road · Humphries Road
- Distance to Liverpool
- ~3 km
The first review of your claim
Early on, the solicitor works out which stage your claim is at and what is coming next. If you're still receiving statutory benefits, the focus may be on keeping them in place. If the insurer has made a threshold decision, the focus may be whether to challenge it. If a damages claim is possible, the solicitor starts planning its timing from your accident date.
When the damages claim goes in
Timing the damages claim is one of the solicitor's main decisions. Lodge within 2 years of the accident and weekly payments can continue beyond the 2-year point while the claim is pending. Lodge before 20 months only if impairment is more than 10%. Leave it past 3 years and the claim may only be allowed with a full and satisfactory explanation.
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
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
The first stage of the file: benefits while you recover
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.
How a damages file usually settles
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
Building the evidence for a damages claim
As your injuries settle, the evidence side of the file takes shape. Records of your injuries come first. Reports written for the claim itself, by independent experts the solicitor instructs, may follow, and the insurer can ask you to attend an examination it arranges. 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.
Read next:Whole person impairment explained
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
How a CTP file runs: six stages
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
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
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.
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
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
- An offer has arrived and you don't know how to weigh it
- Your impairment may be more than 10% and that could change the timing
- Your earnings are irregular and proving lost income will take work
- A settlement conference or claims assessment is coming up
You may not need one
- Your injuries are healing and no damages claim is likely
- You only need help with a single benefit decision
- Your questions are about lodging, not about damages
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?
- 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 Pritchard
- 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 Pritchard
- 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 Mount Pritchard
Free claim check
Solicitor questions near Mount Pritchard? Free check
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
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 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 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 the evidence can slow things down. Your solicitor can give a rough estimate for your file.
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'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.
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.
Car accident solicitor: suburbs near Mount Pritchard
Related reading
- CTP lump sum and damages claims
- CTP claim time limits
- CTP settlement: what to expect
- Independent medical examinations
- Neck Injury
- Lower Back Pain After a Car Accident
- Headaches After a Car Accident
- Pre-Existing Condition Aggravation
- CTP claims for drivers
- Liverpool & Fairfield: 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.