Do you need a lawyer for your CTP claim?

Often, no

Lodging a claim and managing statutory benefits, such as weekly payments and treatment and care, is commonly done without a lawyer. Most injured people can claim these benefits whoever was at fault.

The claim form, the Certificate of Fitness and the police event number are practical tasks. We can help you with them, and help you get your claim lodged.

Many people only need legal advice if something goes wrong, or if their injuries are serious enough for a damages claim. Keep a copy of every insurer letter and note the date you received it, so you're ready if you need advice later.

When legal help tends to matter

It's worth talking to a lawyer when:

• the insurer denies liability for your claim
• the insurer decides your injury is a threshold injury, or that you were mostly at fault, and you disagree
• your weekly payments or treatment are stopped or reduced
• you're asking for an internal review, or your dispute is going to the Personal Injury Commission
• you may have a claim for lump sum damages
• your injury is serious or long-term
• someone has died in the accident
• you're outside the 3-month time limit to claim
• a hit-and-run or uninsured vehicle claim gets complicated, for example proving you tried to identify the vehicle

Some steps have short time limits. For example, you can generally ask the insurer for an internal review within 28 days of receiving its decision. See insurer decisions and reviews.

Legal advice for some questions

The CTP Legal Advisory Service is a panel of experienced motor accident lawyers who give confidential phone advice about statutory benefits for crashes from 1 December 2017. There's no separate number: you check you're eligible through SIRA's CTP Assist line, 1300 656 919.

After eligibility is confirmed, a panel lawyer usually calls within a few days, gives advice by phone and then confirms it in writing. Panel lawyers can't lodge documents for you or represent you at the Commission or in court.

It can't advise on damages claims, claims under the older schemes, your internal review application itself, or a matter already in dispute at the Personal Injury Commission. It can advise before or after an internal review, and before you apply to the Commission.

If you're not eligible, the Law Society of NSW's Solicitor Referral Service or a community legal centre may be able to help.

What legal help costs

Legal costs in CTP statutory benefits claims are tightly regulated. You can only recover legal costs where the Motor Accident Injuries Regulation or the Personal Injury Commission allows it, the insurer pays those costs, and for some disputes legal costs can't be recovered at all. Maximum amounts are set by the Regulation and are indexed each year.

No legal costs are payable for legal help with an insurer internal review.

For common law damages claims, the maximum legal costs a lawyer can charge are also capped by the Regulation. Ask your lawyer for a written costs agreement and an explanation of how fees are worked out.

You may see the phrase "no win, no fee". It generally means no professional fees unless the claim succeeds. Terms vary between lawyers, so get them in writing before you agree to anything.

Questions to ask a lawyer

Before you agree to anything, it's fair to ask:

• How much of your work is NSW motor accident (CTP) claims?
• How will your costs work, and can I have that in writing?
• Who will do the work on my claim, and who do I contact with questions?
• What happens next, and roughly how long might each step take?
• Do I need a lawyer for this stage, or can I handle it myself?

How our introduction works

We're not a law firm. We don't give legal advice and we don't act for anyone.

If your case calls for legal help, we'll tell you why, and we'll point you to the CTP Legal Advisory Service first where it fits. If you'd like an introduction, we can introduce you to an independent lawyer experienced in motor accident claims.

Before we pass on anything, we ask whether you agree to us sending your name, phone number and a short summary of your accident and injuries to that lawyer, and we confirm it with you by email or SMS. Nothing is sent until you agree.

The lawyer explains their own costs before you commit, and you can choose a different lawyer, or none.

If you already have a lawyer

If you already have a lawyer for your CTP claim, it usually makes sense to stay with them. The CTP Legal Advisory Service suggests the same. You don't need an introduction from us, and it's always your choice who acts for you.