Port Hacking: 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.

The work often includes requesting records from hospitals and treating practitioners, asking for an internal review, preparing an application to the Personal Injury Commission and, for damages, negotiating a settlement. Some of that you could do yourself. The value of an experienced lawyer is knowing which arguments the scheme allows and which deadlines apply to your accident date.

CTP claims run on documents: claim forms, medical certificates, insurer decisions and reports. Almost all of it can be shared by email, and conversations work by phone or video. That means the lawyer with the right experience may be across the state, and it makes little practical difference to how your claim is handled.

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.

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.

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.

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.

Deadlines run from the accident, not from the day you decide to get advice. That matters most for the limits a lawyer usually handles: a common law damages claim must generally be made within 3 years of the accident, and lodging it within 2 years keeps weekly payments going past the 2-year mark. If your statutory benefits claim isn't in yet, its clock is much shorter, so deal with that first.