Can you claim? Compensation lawyer answers for Annandale

Compensation after a NSW motor accident generally runs through CTP, the compulsory green slip scheme. It has two parts. Most people can claim statutory benefits, meaning weekly payments and treatment and care, regardless of who was at fault. Some can also claim common law damages, a lump sum, if another driver was at fault, they weren't mostly at fault and the injury is more than a threshold injury.

Your accident date matters more than most people expect. For accidents on or after 1 December 2017, the Motor Accident Injuries Act 2017 sets the rules, and further changes apply to accidents from 1 April 2023. If the crash was before that first date, the older Motor Accidents Compensation Act 1999 applies. That's one reason a general answer only goes so far, and why a claim check starts with the date.

If you're new to claims, the language can feel like a barrier. It needn't be. Most of the key terms describe simple ideas: what the insurer pays, how serious an injury is, and how to challenge a decision. These plain definitions are a starting point, not legal advice, and the rules behind them can change.

• Statutory benefits: weekly payments and treatment and care that most injured people can claim regardless of fault
• Case manager: the person at the insurer who handles your claim day to day
• Internal review: asking the insurer to look again at a decision you disagree with
• Nominal Defendant: the fund that stands in when the vehicle was unidentified or uninsured
• Personal Injury Commission: the independent tribunal that decides many disputes in the scheme

'Compensation lawyer' is the broadest of the labels, and 'personal injury lawyer' is close behind. 'CTP lawyer' and 'motor accident lawyer' narrow the field to road injuries under the green slip scheme. In practice, one lawyer may use all four. The useful question isn't which title they use but how much of their work is NSW motor accident claims, because the scheme has its own forms, steps and deadlines.

People searching for a compensation lawyer are at very different points. Some were hurt recently and haven't lodged anything. Some have been receiving weekly payments for months. Some have a refusal letter in front of them, and some are weighing an offer. Each of those is a different question with a different answer, so start by placing yourself on the list below.

• Benefits being paid: payment and treatment questions usually go to your case manager first
• Someone died in the crash: the car accident compensation page covers what dependants may claim
• Not sure it's a CTP claim at all: the car accident claim page helps you work that out

It helps to think of the role as a set of tasks rather than a title. Explaining entitlements. Collecting evidence. Negotiating with the insurer. Running disputes. Advising on offers. Some claims need all five, some need one or two at a particular moment, and many need none. Knowing which tasks your claim needs makes the question of whether to call a lawyer much simpler.

The role has limits worth knowing before you decide. A lawyer works for you, but the insurer still makes decisions under the scheme rules, and independent assessors and the Personal Injury Commission decide disputes. Legal help can make sure your side is put clearly and on time. It can't promise what the insurer or an assessor will conclude.

• Checking insurer decisions against the rules for your accident date
• Preparing a review or dispute when a decision looks wrong
• Arranging medical reports when the claim needs them

Some injuries lead to claims outside the motor accident scheme. A fall in a shopping centre or on a public footpath is usually a public liability claim. A total and permanent disability (TPD) claim is usually made through the insurance attached to your super. Complaints about medical treatment follow their own path. All three are usually outside what we help with. Damage to your car is different again: CTP pays for injuries, not vehicles, as the car accident claim page explains.