Once a solicitor takes on a car accident claim, the file follows a fairly set path under NSW law. Statutory benefits come first. The evidence builds as your injuries settle. A damages claim generally can't be lodged before 20 months unless your impairment is more than 10%, and must generally be made within 3 years. For people in Tennyson, we explain each stage and connect you with an independent solicitor when your claim needs one.
Hawkesbury · How a car accident solicitor runs a claim
How a car accident solicitor runs your claim, Tennyson
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Tennyson: records, deadlines and the file
From rural parts of the Hawkesbury, attending meetings or assessments can mean long drives. Raise travel early with the solicitor, who can discuss arrangements with the insurer where that's reasonable. Living in the Hawkesbury City Council area doesn't change how a CTP file runs. The scheme is statewide, and the stages, the timing rules and the Personal Injury Commission's role are the same wherever in NSW you live. If the crash happened on Cornwallis Road, the solicitor will want the exact location, direction of travel and time. Those details appear in the police record and in the account of the accident that goes into the damages claim.
You won't need to travel to Windsor for your file to move forward. From Tennyson, each stage of a CTP file, from the first review to settlement, can generally be handled by phone, email and online.
- Region
- Hawkesbury
- Postcode
- 2754
- Local government area
- Hawkesbury City Council
- Main roads
- Cornwallis Road · Tennyson Road
- Distance to Windsor
- ~11 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.
Building the evidence for a damages claim
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
The damages claim: timing and content
Preparing the damages claim means pulling the file together: an account of the crash, the evidence about your injuries, 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.
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
Handing your file to a car accident solicitor: when it helps
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 wants you to sign a release or deed
- A settlement conference or claims assessment is coming up
- Your earnings are irregular and proving lost income will take work
- Your impairment may be more than 10% and that could change the timing
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
- You only need help with a single benefit decision
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 fault is still being argued, the car accident lawyer page explains how it's decided and why it matters to your claim. Car accident lawyer in Tennyson
- If you haven't decided whether you need a lawyer at all, the CTP lawyer page helps you weigh it up first. CTP lawyer in Tennyson
- 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 Tennyson
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From anywhere in NSW, by phone or online. The claim check is free, and whether you go further is up to you.
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
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 the claim runs, weekly payments and treatment and care 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
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
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.
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.
While benefits are being paid
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
Some claims can go to court rather than, or after, claims assessment, for example where a claim is exempt from assessment or a party is entitled to take it further. This is less common in CTP files and depends on the facts. If it's possible in your case, the solicitor will explain the costs, the risks and the timing before any decision is made.
Read next:The Personal Injury Commission
Offers, conferences and settling the file
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
Already lodged your claim? How a solicitor steps in
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
Frequently asked questions
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.
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.
Insurers commonly ask claimants to attend an independent medical examination, and refusing without a good reason can hold up your claim. Tell your solicitor as soon as you're asked. They can check the arrangements and tell you what to expect. At the examination, be accurate and consistent about your symptoms, neither understating nor overstating them. Afterwards, note how long it lasted and what you were asked.
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.
You may. A medico-legal report is written by an independent expert for the claim itself. Your solicitor may arrange one or more, often once your injuries have stabilised, to give an opinion on your injuries, their cause and your capacity to work. They're separate from the records made since the crash, which remain important. Ask your solicitor who is being asked for a report and why.
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.
Car accident solicitor: suburbs near Tennyson
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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.