Caravan Head: finding an independent CTP lawyer

A NSW CTP claim can have two stages. The first is statutory benefits: weekly payments and treatment and care, which most injured people can claim regardless of fault. The second is a common law damages claim, a lump sum available only if another driver was at fault, you weren't mostly at fault and your injury is more than a threshold injury. In the first stage, a lawyer's work is usually about disputes. In the second, it's usually the whole claim.

In practice, an experienced CTP lawyer reads the insurer's decisions, checks them against the Motor Accident Injuries Act 2017, advises whether they can be challenged and prepares the paperwork if so. For damages, they also work out which losses can be claimed and when the claim can be made. No lawyer can promise a particular result, and it's wise to be wary of anyone who does.

It's natural to look for a lawyer nearby, but proximity is a weak reason to choose one. What matters is experience with the NSW scheme and how clearly they communicate. Our claim check happens by phone and online, and the independent lawyer we connect you with can generally work the same way, so you don't have to travel while you're recovering.

If you were wholly or mostly at fault, there's generally no damages claim to make, and statutory benefits are generally limited to the first 52 weeks. Unless you dispute the fault finding, a lawyer may add little: the insurer pays what the scheme allows, and SIRA's free CTP Legal Advisory Service can answer statutory benefits questions. It's different if you think the fault decision is wrong, because that finding shapes everything else.

An offer from the insurer is a moment to pause. A damages settlement generally ends the claim for good, and it generally can't happen within 2 years of the accident unless whole person impairment is more than 10%. Before accepting anything, it's sensible to have a lawyer check whether the offer reflects your losses and your likely future.

Two rules shape what a CTP lawyer can charge. First, the Motor Accident Injuries Regulation sets maximum costs for the stages of a claim, and those amounts are indexed every year. Second, in statutory benefits matters the insurer pays whatever costs the rules allow, and for some disputes nothing is recoverable. Ask any lawyer to explain in writing how their fees would be worked out for your matter.

SIRA pays for a free CTP Legal Advisory Service that answers statutory benefits questions about accidents since 1 December 2017, and CTP Assist on 1300 656 919 can put you through to it. It's a sensible first stop when you're unsure whether a decision about your benefits is right. Where its help stops is usually where an independent lawyer comes in, and our claim check can tell you whether you've reached that point.

Missed a deadline? It isn't always the end. Claims made more than 3 months after the accident can only be accepted in limited circumstances, usually where there is a full and satisfactory explanation for the delay. The rules are strict and depend on your accident date, which makes this one of the most time-sensitive moments to get an independent lawyer's view.