Newcastle & the Hunter · How a car accident solicitor runs a claim

Car accident solicitor help for people in Soldiers Point

Statutory benefits first, damages later: how the two stages fit together on one file.

Engaging a solicitor doesn't make the claim move faster. The timing rules for CTP damages are set by law, and the solicitor works within them. What changes is who tracks the deadlines, gathers the evidence and deals with the insurer. For people in Soldiers Point, we explain that work stage by stage, and help you find an independent solicitor if your claim calls for one.

Postcode: 2317

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Your CTP file and where you live: Soldiers Point

Crashes on the M1, the Hunter Expressway or the New England Highway follow the same file stages as in Sydney. The solicitor you speak with can be based anywhere in NSW and still work to the same timetable. If your crash happened on a local road in the Port Stephens 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. Whether it was on Soldiers Point 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.

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

Region
Newcastle & the Hunter
Postcode
2317
Local government area
Port Stephens Council
Main roads
Soldiers Point Road
Distance to Newcastle
~37 km

The first review of your claim

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.

Negotiation and settlement

When a claim settles, you'll usually sign a release or deed that ends the claim in exchange for the agreed amount. Read it carefully and ask what it covers before you sign, including what happens to any benefits still being paid. A signed settlement is very hard to undo, which is why solicitors generally advise against settling before your injuries have stabilised.

Read next:CTP settlements

Lodging the damages claim

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.

After the damages claim goes in, there can be long stretches with little visible progress while evidence is exchanged. The insurer may request further information or arrange another examination. Keep the solicitor told of any change in your work, income or symptoms, and answer requests promptly, because an up-to-date file is easier to resolve.

Read next:CTP damages claims

Solicitor-run or self-run: which suits your claim?

Whether a solicitor should run your file depends on which stage it's at. Early on, you may not need one. Later, when timing rules and evidence start to shape the result, many people with a damages claim find one helpful.

Often worth talking to a lawyer

  • The insurer has disputed liability for your damages claim
  • The insurer wants you to sign a release or deed
  • You started the claim yourself and it has become complicated
  • An offer has arrived and you don't know how to weigh it

You may not need one

  • Your questions are about lodging, not about damages
  • You accept that you were mostly at fault and your benefits are flowing
  • 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

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The file from review to resolution

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.

  1. 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.

  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

    Evidence and impairment

    Once your injuries have stabilised, the solicitor may arrange independent reports for the claim, 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

    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.

  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.

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 statutory benefits stage

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 other benefits can be reviewed, generally within 28 days of receiving the decision, and the solicitor tracks each of those windows as it opens.

Evidence and impairment on the file

The evidence on a file comes from the records made since the crash, the reports independent experts prepare for the claim, and how your injuries look once they've settled. The insurer may arrange its own examination. Impairment assessment usually waits until your condition 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:Whole person impairment explained

Already lodged your claim? How a solicitor steps in

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

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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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