St George & Bayside · How a car accident solicitor runs a claim

A CTP solicitor's work on your file, for people in Turrella

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Most people have never watched a claim move from start to finish, so the long quiet stretches can be unsettling. For people from Turrella, we lay out what a solicitor generally does at each stage of a CTP file, what you'll be asked for, and when the key decisions arrive. It's general information, not legal advice, and our claim check is free.

Postcode: 2205

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Turrella: records, deadlines and the file

Around Kogarah and Hurstville, a damages claim generally can't be lodged before 20 months after the accident unless impairment is more than 10%. A solicitor uses that time to build the evidence of your losses. If your crash happened on a local road in the Bayside 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. If the crash happened on Henderson Street, 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 Hurstville for your file to move forward. From Turrella, each stage of a CTP file, from the first review to settlement, can generally be handled by phone, email and online.

Region
St George & Bayside
Postcode
2205
Local government area
Bayside Council
Main roads
Henderson Street · Bayview Avenue
Distance to Hurstville
~5 km

Taking on the file: what the solicitor checks first

Some things about a CTP claim can't be fixed later, which is why the first review looks for them. A decision that wasn't reviewed in time, a damages claim approaching its 3-year limit, or weekly payments nearing an end all shape what happens next. A solicitor flags these early and tells you plainly which ones matter for your file.

Building the evidence for a damages claim

Your role in this stage is steady: keep the solicitor told about ongoing symptoms and any change in what you can do at work. The solicitor's role is to decide when the evidence is complete enough to act on. That may involve independent reports and, where impairment could exceed 10%, an assessment that can change when the damages claim is lodged.

Read next:Whole person impairment explained

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.

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

When negotiation stalls

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.

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

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

How a CTP file runs: six stages

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.

  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 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.

  3. 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.

  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

  • You started the claim yourself and it has become complicated
  • The insurer wants you to sign a release or deed
  • The insurer has disputed liability for your damages claim
  • Your earnings are irregular and proving lost income will take work

You may not need one

  • You accept that you were mostly at fault and your benefits are flowing
  • You're still in the first weeks and nothing has been decided yet
  • Your questions are about lodging, not about damages

If you started the claim yourself, gather every letter, form and decision into one bundle, in date order, before you speak with a solicitor. A review of those dates is where a file starts. CTP claim timeline

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