Once a solicitor takes on a car accident claim, the file follows a fairly set path under NSW law. Statutory benefits come first. Medical 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 Tenterfield, we explain each stage and connect you with an independent solicitor when your claim needs one.
New England & North West · How a car accident solicitor runs a claim
How a car accident solicitor runs your claim, Tenterfield
A damages file generally takes years, not weeks. Here's why, and what happens at each stage.
Postcode: 2372
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Your CTP file and where you live: Tenterfield
Specialist reports can mean travel from New England to larger centres. Keep a note of trips and costs, and let the solicitor know early if getting to assessments is difficult. For people in Tenterfield Shire 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 the New England Highway 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.
Hospitals serving the area include Tenterfield Hospital. Hospital, GP and specialist records together form the medical history the insurer and any assessor will rely on, so a solicitor keeps track of them throughout the file.
- Region
- New England & North West
- Postcode
- 2372
- Local government area
- Tenterfield Shire Council
- Main roads
- New England Highway · Bruxner Highway
- Nearest public hospital
- Tenterfield Hospital
Dates, decisions and deadlines: the file review
When a solicitor takes on a car accident claim, the first job is a review of what has already happened. That means the accident date, which sets the rules that apply; the date the claim was lodged; each decision the insurer has made; and any deadline already running, such as the 28 days to seek internal review of a decision. Nothing else is planned until those dates are clear.
Reports, examinations and impairment
As your injuries settle, the medical side of the file takes shape. Your treating doctors' records come first. Reports written for the claim itself, by independent specialists the solicitor instructs, may follow, and the insurer can ask you to see a doctor of its choosing. 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.
Claims assessment at the Personal Injury Commission
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
Do you need a solicitor to run your CTP file?
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
- You started the claim yourself and it has become complicated
- 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
- The insurer has disputed liability for your damages claim
You may not need one
- What you need most right now is medical care, not a file review
- You only need help with a treatment approval
- Your questions are about lodging, not about damages
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.
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 Tenterfield
- 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 Tenterfield
- If the big question on your file is how serious your injury is in claim terms, the injury compensation lawyer page explains impairment. Injury compensation lawyer in Tenterfield
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The file from review to resolution
From the first review to the final settlement or assessment, a damages file usually runs for years rather than months. The six stages below are the general shape of it, in the order they usually come.
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 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.
As injuries settle
Medical evidence and impairment
The medical evidence builds over time: treating records, specialist opinions and, where needed, medico-legal reports. Impairment is usually assessed only when 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 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.
When the damages claim goes in
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.
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 medical examination. Keep the solicitor told of any change in your work, treatment or symptoms, and answer requests promptly, because an up-to-date file is easier to resolve.
Read next:CTP damages claims
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.
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
Bringing a solicitor into a claim that's already running
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
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.
In order: reviews the dates, decisions and deadlines already on your claim; watches the statutory benefits stage and challenges decisions that seem wrong; builds the medical evidence as your injuries settle; times and lodges the damages claim; negotiates with the insurer; and resolves the claim by settlement or claims assessment. Throughout, the solicitor tracks the time limits and explains each decision, while you keep up treatment and give instructions.
You may. A medico-legal report is written by an independent doctor for the claim itself, not for treatment. 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 different from your treating doctors' records, which remain important. Ask your solicitor who is being asked for a report and why.
It depends on your injuries and the timing rules. As a general rule, not before 20 months after the accident unless whole person impairment is assessed as more than 10%, and generally no later than 3 years after it. Many solicitors aim to lodge within 2 years, because that keeps weekly payments available beyond the 2-year point while the claim is pending. The right moment balances those limits against how settled your injuries are.
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 medical evidence can slow things down. Your solicitor can give a rough estimate for your file.
Car accident solicitor: suburbs near Tenterfield
Related reading
- CTP lump sum and damages claims
- CTP settlement: what to expect
- Car accident lawyer help
- CTP claim timeline in NSW
- CTP claim time limits
- Neck Injury
- Lower Back Pain After a Car Accident
- Headaches After a Car Accident
- Pre-Existing Condition Aggravation
- CTP claims for drivers
- New England & North West: area guide
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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.