Talking to a CTP lawyer from Mooney Mooney

Think of a CTP lawyer as someone who steps in where the rules get contested. During the statutory benefits stage, that might mean challenging a decision about payments, treatment or the threshold classification. During a damages claim, it usually means gathering evidence, arranging medical assessments and negotiating with the insurer. Between those two points sits a lot of routine claim activity that many people handle themselves.

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.

Many CTP claims never need a lawyer. If your claim has been accepted, weekly payments are arriving at the right rate and treatment requests are being approved, there may be nothing for a lawyer to do. The same is often true when the insurer has classed your injury as threshold, your doctor agrees and you're recovering well. In claims like these, CTP Assist and your treating team usually cover the questions that come up.

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.

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.

Some claims need a paid lawyer; many questions don't. CTP Assist (1300 656 919) answers general questions and can arrange an interpreter. The CTP Legal Advisory Service gives free legal advice on statutory benefits where the accident happened on or after 1 December 2017. Neither will run a damages claim for you, or take on a dispute that's already under way.

Recovering from an injury is hard enough without travelling to meetings. CTP work suits remote contact well. Much of a claim happens on paper and by phone, from the first review request to negotiations with the insurer, so many people deal with the whole process without ever sitting in a lawyer's office.

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.