Car Accident Lawyer NSW

After a car accident, most people are dealing with two separate things: damage to the car, and injuries to people. The car is sorted through your own comprehensive insurance or the other driver's insurer. Injuries are covered by CTP insurance, the green slip attached to every registered vehicle in NSW.

In NSW, a car accident lawyer is usually a lawyer who handles CTP claims. Their work is the injury side: weekly payments, treatment, disputes with the insurer and, where it's available, a lump sum damages claim.

Issues drivers commonly run into

• Fault: who caused the crash affects what you can claim. Most injured people can claim statutory benefits regardless of fault. But if you were wholly or mostly at fault, weekly payments and treatment and care are generally limited to the first 52 weeks, and you can't claim common law damages.
• Contributory negligence: the insurer may say you contributed to your own injuries, for example by not wearing a seatbelt. Weekly payments after 52 weeks may be reduced for contributory negligence, and it can reduce damages too.
• Rear-end and intersection crashes: fault can look obvious and still be investigated. Photos, dashcam footage, witness details and the police event number all help.
• Delayed symptoms: neck, back and psychological injuries sometimes show up days later. Seeing a doctor promptly and telling them about the accident builds the medical record your claim relies on.
• Threshold injury classification: whether your injury is a threshold injury (generally a soft tissue injury) or something more decides how long benefits last and whether damages are possible.

What a car accident lawyer typically does

• Checks the claim is lodged with the right insurer and on time, and that the Application for Personal Injury Benefits tells the full story.
• Reviews your weekly payments against your pre-accident earnings. Weekly payments are up to 95% of pre-accident earnings for the first 13 weeks, then up to 80% or 85% from week 14 (depending on your earning capacity), subject to a legislated maximum weekly amount that is indexed each year.
• Responds to liability and fault decisions with evidence, starting with internal review and, if needed, the Personal Injury Commission.
• Challenges a threshold injury decision where the medical evidence points to a more serious injury.
• Assesses and runs a damages claim for past and future loss of earnings and, if your whole person impairment is more than 10%, pain and suffering.
• Negotiates settlement and explains what an offer does and doesn't cover.

Before you speak to a lawyer, gather

• The police event number, if the crash was reported.
• The other driver's name, registration and insurer details.
• Photos of the scene, the vehicles and your injuries, and any dashcam footage.
• Your claim number and any letters from the CTP insurer.
• Payslips, tax returns or business records showing what you earned before the accident.

Do you actually need a lawyer?

Not always. If fault is accepted, your injuries are settling and the insurer is paying weekly payments and approving treatment, many drivers manage the claim themselves. A lawyer is more useful when fault is disputed, your injury is called a threshold injury and your doctors disagree, benefits are cut off, or a damages claim may be open.

If you need treatment or a Certificate of Fitness first, start with a doctor. We can point you to doctors experienced with CTP claims and allied health such as physiotherapy.

Questions to ask a car accident lawyer

• Does the fault picture in my crash affect whether I can claim damages?
• Is my injury likely to be treated as a threshold injury, and what evidence would matter?
• What are my next deadlines?
• How are your fees structured, and will you give me a written costs disclosure?

Costs

Our claim check is free, with no obligation. Many car accident lawyers offer no win, no fee arrangements, which generally means you don't pay their professional fees unless the claim succeeds. The details vary, so ask for a written costs disclosure and read how disbursements and settlement costs are handled before you sign.

CTP Lawyer isn't a law firm. We help you understand where your claim stands and point you to the help it needs: an independent, specialist motor accident lawyer if your case calls for one, or doctors and allied health for treatment.