Northern Beaches · How a car accident solicitor runs a claim

From review to settlement: a CTP solicitor for North Narrabeen

What the solicitor does, what you provide, and when the big decisions come.

Most people have never watched a claim move from start to finish, so the long quiet stretches can be unsettling. For people from North Narrabeen, 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.

Postcode: 2101

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Local records that end up on a file from North Narrabeen

Northern Beaches Hospital, Mona Vale Hospital and Royal North Shore Hospital may all hold records after a crash here. A solicitor gathers every one, so the file shows a complete medical history. For people in Northern Beaches Council, as anywhere else, the file follows the dates of the crash, not where you live. The accident date sets which rules apply and when the damages claim can, and must, be lodged. Whether it was on Pittwater Road or a side street, 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.

Region
Northern Beaches
Postcode
2101
Local government area
Northern Beaches Council
Main roads
Pittwater Road · Powderworks Road
Nearest public hospital
Northern Beaches 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.

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

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.

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

  • A settlement conference or claims assessment is coming up
  • A damages claim is possible and the 2-year and 3-year points are approaching
  • Your earnings are irregular and proving lost income will take work
  • An offer has arrived and you don't know how to weigh it

You may not need one

  • What you need most right now is medical care, not a file review
  • Your injury has been accepted as a threshold injury and you agree with it
  • Your injuries are healing and no damages claim is likely

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.

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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.

  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

    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.

  3. 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%.

  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

    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.

  6. 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.

When negotiation stalls

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

Building the medical side of 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.

Read next:Independent medical examinations: what to expect

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

Bringing a solicitor into a claim that's already running

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

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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.

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