Car accident in Castle Cove: first steps and the right help

The sooner the better. The insurer generally needs your claim within 28 days for weekly payments to be back-paid to the day after the accident. Claims made later, up to 3 months after the accident, are still possible, but payments may then start from the claim date. Common law damages claims generally have to be made within 3 years. Your own dates may differ, so check them early.

Often not. Many CTP claims for statutory benefits run without a lawyer. Legal help tends to matter when a claim is refused, the insurer says your injury is threshold and you disagree, payments stop, fault is disputed, an offer arrives or a damages claim may be open. SIRA's free CTP Legal Advisory Service can also help with some statutory benefits questions.

Yes. Treatment and the medical evidence it creates are central to most claims. We can point you to doctors experienced with CTP claims for diagnosis and the Certificate of Fitness, and to physiotherapy, psychology or exercise physiology. The insurer generally pays for treatment that is reasonable and necessary within the benefit periods, and it decides each request.

In many cases, yes. If you're in hospital or finding it hard to manage, a partner, parent or adult child can start the conversation for you. We may need your consent before discussing your details, and the insurer will have its own rules about who it can speak to. For a child's claim, a parent or guardian usually acts for them.

Usually not. Most injured people can claim statutory benefits whoever was at fault. The main exception is being wholly or mostly at fault, which means contributory negligence above 61%. Then weekly payments and treatment are generally limited to the first 52 weeks, and damages aren't available. Children who were 16 or under at the time can receive treatment and care for as long as they need it, regardless of fault.

Not at first, in most cases. If the crash is also a work injury, you generally need to claim workers compensation through your employer's insurer first. That is a different scheme from CTP, and CTP statutory benefits are generally not payable where workers compensation is available. You may still be able to claim damages from the at-fault driver's CTP insurer, so get advice. Commuting crashes depend on the facts. Tell us about the trip and we can point you to the right help.

Most insurer decisions can be reviewed. You can generally ask for an internal review within 28 days of receiving the decision, and the insurer usually has 14 days to respond, or longer for some matters. If you still disagree, you can apply to the Personal Injury Commission. A refused claim is one of the situations where an independent CTP lawyer is often worth talking to.

Generally, yes. The NSW CTP scheme covers people injured in motor accidents in NSW, and it isn't limited to Australian citizens or permanent residents. What you can claim depends on your injuries and circumstances, including whether you were working before the crash. See a doctor, keep the Certificate of Fitness and your receipts, note the other driver's details and any police event number, and lodge within 28 days if you can.