Macarthur & Wollondilly · How a car accident solicitor runs a claim

How a car accident solicitor runs your claim, St Helens Park

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

A CTP file has two halves. The first is the statutory benefits stage, with weekly payments and treatment while you recover. The second, for some people, is a damages claim, lodged later and resolved by negotiation, a settlement conference or a claims assessment. If you're near St Helens Park and working out how a solicitor would run your file, this page walks through it in order.

Postcode: 2560

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A solicitor-run claim for people in St Helens Park

A crash on Picton Road or Appin Road is claimed under the same NSW timing rules as one in the city. The solicitor tracks the 20-month, 2-year and 3-year points from your accident date. If your crash happened on a local road in the Campbelltown 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. Hospital records from Campbelltown Hospital, GP notes and specialist reports build up over the life of a file. A solicitor usually waits until your injuries settle before relying on them for the damages claim.

Region
Macarthur & Wollondilly
Postcode
2560
Local government area
Campbelltown City Council
Main roads
Appin Road · St Helens Park Drive
Nearest public hospital
Campbelltown Hospital

Taking on the file: what the solicitor checks first

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.

The damages claim: timing and content

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

Building the medical side of the file

Your role in the medical stage is steady: keep up treatment, attend reviews, and tell your doctors about every ongoing symptom. The solicitor's role is to decide when the evidence is complete enough to act on. That may involve reports from specialists and, where impairment could exceed 10%, an assessment that can change when the damages claim is lodged.

Read next:Independent medical examinations: what to expect

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

The statutory benefits stage

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.

When negotiation stalls

Claims assessment is the usual path when a damages claim won't settle. The Personal Injury Commission appoints an assessor, who may hold a conference or hearing that is often less formal than a court. Your solicitor presents your evidence and may ask you to give an account. What an assessment means for the claim, and what can follow it, depends on the circumstances.

Read next:The Personal Injury Commission

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

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 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.

  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

    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.

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
  • Your impairment may be more than 10% and that could change the timing
  • An offer has arrived and you don't know how to weigh it

You may not need one

  • You accept that you were mostly at fault and your benefits are flowing
  • What you need most right now is medical care, not a file review
  • You only need help with a treatment approval

Whatever stage your file is at, treatment continues alongside it. We can put you in touch with doctors and allied health who know how the Certificate of Fitness and CTP claims work.

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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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