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

Car accident solicitor help for people in Toronto

The stages of a NSW CTP file, the rules that set its pace, and what you do along the way.

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 Toronto and working out how a solicitor would run your file, this page walks through it in order.

Postcode: 2283

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A solicitor-run claim for people in Toronto

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 Lake Macquarie 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. Whether it was on The Boulevarde 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 Belmont Hospital and John Hunter 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
Newcastle & the Hunter
Postcode
2283
Local government area
Lake Macquarie City Council
Main roads
The Boulevarde · Toronto Road
Nearest public hospital
Belmont Hospital

Taking on the file: what the solicitor checks first

Early on, the solicitor works out which stage your claim is at and what is coming next. If you're still receiving statutory benefits, the focus may be on keeping them in place. If the insurer has made a threshold decision, the focus may be whether to challenge it. If a damages claim is possible, the solicitor starts planning its timing from your accident date.

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

Medical evidence and impairment on 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

Negotiation and settlement

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

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.

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.

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

Many people lodge a CTP claim themselves and only look for a solicitor later, often after a decision goes against them or when a damages claim comes into view. That's common and generally not a problem. The solicitor notifies the insurer, obtains your claim file and reviews what has happened so far. The time limits keep running throughout, so earlier is better than later.

Read next:Free claim check

How a CTP file runs: six stages

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

    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

    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.

  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.

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

  • The insurer wants you to sign a release or deed
  • An offer has arrived and you don't know how to weigh it
  • You started the claim yourself and it has become complicated
  • A settlement conference or claims assessment is coming up

You may not need one

  • Your injury has been accepted as a threshold injury and you agree with it
  • You only need help with a treatment approval
  • Your injuries are healing and no damages claim is likely

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 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 Toronto
  • 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 Toronto
  • 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 Toronto
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