Liverpool & Fairfield · CTP claim denied

Hoxton Park: next steps for a refused CTP claim

Internal review first, then the Personal Injury Commission. Check your options free, by phone or online.

Not every refused claim needs a lawyer. Some decisions are simple to challenge with better evidence, and some are right under the rules. What matters is acting within the deadline. If you're in Hoxton Park and have received a decision you disagree with, our free claim check looks at what was decided, why, and what your realistic options are.

Postcode: 2171

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  • Helping people in Hoxton Park & Carnes Hill

What a review looks like from Hoxton Park

After a crash on the Cumberland Highway or Hoxton Park Road, a threshold decision can be challenged if the evidence shows more than a soft tissue injury, such as nerve damage or a tear. Internal review comes first. Your review rights don't depend on your council, whether that's Liverpool City Council or any other. Internal reviews and the Personal Injury Commission work the same way across NSW. Hoxton Park is about 7 km west of Liverpool, but challenging a decision doesn't mean travelling there. Internal reviews are generally requested in writing, and our claim check runs by phone and online.

Region
Liverpool & Fairfield
Postcode
2171
Local government area
Liverpool City Council
Distance to Liverpool
~7 km

You can ask for a second look

A decision you disagree with is a reason to act, not to give up. Start with the reasons in the letter. Some refusals turn on missing information you can supply. Others turn on a legal question, such as fault or the threshold definition, where advice helps. Either way, the review path is open for most decisions.

Read next:CTP claim denied?

Common reasons a claim is refused or limited

Some decisions come up again and again. A claim may be refused because it was lodged late, or limited because the insurer says the injury is threshold or that you were mostly at fault. Weekly payments may stop, or a request for treatment and care may be declined. Each raises its own evidence questions, and each can generally be reviewed.

  • The injury was classed as a threshold injury
  • The crash is being treated as a work injury
  • Weekly payments were stopped or reduced
  • The insurer says the injury wasn't caused by the crash

Read next:Claim denied? Quick check

The Personal Injury Commission

If an internal review doesn't resolve your dispute, the Personal Injury Commission is generally the next step. It's independent of the insurer. Depending on the dispute, a member may review the decision on its merits, a medical assessor may assess your injury, or the Commission may assess a damages claim. The type of dispute decides which path applies.

Read next:The Personal Injury CommissionPIC disputes explained

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When the argument is about your injury

Disputes about injuries often come down to evidence. If the insurer says your injury is threshold, or that treatment and care isn't reasonable and necessary, the answer is usually a clear written report that deals with the insurer's reasons. If the dispute reaches medical assessment at the Commission, a certificate review must generally be sought within 28 days of issue.

Read next:Threshold injury disputesWhen the insurer says “threshold injury”

Making your internal review count

An internal review is a fresh look at the decision by the insurer. Ask in writing, generally within 28 days of receiving the decision. Say which decision you disagree with, why you think it's wrong and what outcome you want. Attach anything new: an updated report, payslips, photos or witness details.

Don't wait until the last days of the window to start. Reports and records can take time to arrive, and a rushed request is usually weaker. If some evidence won't be ready in time, lodge the request within the deadline anyway and tell the insurer what else is on its way.

The 28-day window

The review deadline is short: generally 28 days from receiving the decision. If you're unsure which date counts, work from the earlier one.

Read next:Insurer stopped my weekly payments

Complaints versus disputes

CTP Assist and the IRO are different services with different roles. CTP Assist, on 1300 656 919, gives information and support about claims. The IRO, on 13 94 76, handles complaints about how CTP insurers behave. Neither decides disputes about your entitlements; that's the job of internal review and the Personal Injury Commission.

What a dispute might cost

Because some disputes don't allow legal costs to be recovered, it's worth asking early whether paying for help makes sense in yours. For a straightforward review, you may manage alone with good evidence. For a threshold dispute that affects a damages claim, or a refusal of the whole claim, advice is more often worth it.

Read next:What does a CTP lawyer cost?

Your review path

Here's the usual route when you disagree with an insurer's decision. Not every dispute needs every step, and some decisions have their own rules, but this is the general shape.

  1. Step 1

    Read the decision letter

    Note the date you received it, what was decided and the reasons given. The date matters, because the time to ask for a review generally runs from when you receive the decision.

  2. Within 28 days

    Ask for an internal review

    For most decisions, you can ask the insurer for an internal review, generally within 28 days of receiving the decision. Say what you disagree with and include any new evidence.

  3. 14 to 28 days

    The insurer decides

    Expect a review decision in about 14 days in most cases, 21 days for some medical and miscellaneous matters, and up to 28 days where the insurer needs more information.

  4. If you still disagree

    Apply to the Personal Injury Commission

    If the internal review doesn't resolve things, you can generally apply to the Personal Injury Commission. It's independent of the insurer and decides disputes under the scheme rules.

  5. 28 days from a certificate

    Medical assessment review

    Medical assessment certificates can generally be reviewed, but the window is short: generally 28 days from the date the certificate is issued. Get advice quickly if you're considering it.

  6. Any time

    Conduct complaints go to the IRO

    If your concern is how the insurer has treated you, such as delays or poor communication, that's a complaint, not a dispute. The Independent Review Office handles those complaints on 13 94 76.

General information, not legal advice. Timeframes are general, and some decisions follow different rules. Check your decision letter and get advice quickly.

Do you need a lawyer to challenge a decision?

Many people handle an internal review themselves. Disputes that reach the Personal Injury Commission, or that affect a damages claim, are where legal advice more often helps.

Often worth talking to a lawyer

  • Weekly payments were stopped and you can't work
  • A medical assessment certificate seems wrong
  • The refusal is based on your claim being late
  • You were driving for work and the insurer has refused on that basis

You may not need one

  • A request was declined only because some information was missing
  • The decision matches what your own paperwork shows
  • The decision was about a small, one-off expense

For statutory benefits disputes on accidents from 1 December 2017, SIRA's free CTP Legal Advisory Service can help before internal review starts. CTP Assist on 1300 656 919 can connect you with it. The Personal Injury Commission

Not quite your situation?

  • If you're not sure a dispute is worth taking on with legal help, the CTP lawyer page explains when a lawyer tends to be worth it. CTP lawyer in Hoxton Park
  • When the real argument is how serious your injury is, the injury compensation page for Hoxton Park covers impairment and the threshold line. Injury compensation lawyer in Hoxton Park
  • If nothing has been decided yet and your claim is still being set up, the CTP claims page covers the lodging steps instead. CTP claims in Hoxton Park

Frequently asked questions

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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.

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