See the latest awards we have won on our Industry Awards page here

Search

When Should I seek the Assistance of a Lawyer for my CTP Claim NSW

This means that lawyers cannot be paid or recover legal costs for providing advice on certain matters in CTP green slip claims. A lawyer is not required initially following injuries sustained in a motor vehicle accident.

The new CTP green slip scheme came into effect on 1 December 2017 and new laws were introduced which restricts lawyers from receiving payment for certain services and regulates how much a lawyer can charge for other types of services.

This guide covers the CTP changes and when you should seek the Assistance of a Lawyer for a CTP Claim in NSW.

 

 

Recent CTP changes

The reform will allow all injured motorists, regardless of who was at fault, to obtain benefits for loss of income, medical expenses, and commercial attendant care for a period of 6 months similar to the current workers’ compensation scheme.

Not at Fault Moderate Injury (less than 11% WPI)

If the injured person was not at fault and has suffered moderate injuries reflected in a whole person impairment (WPI) of 11% or less they will be entitled to two years of weekly income benefits and payment of medical expenses and attendant care needs, much the same as the current workers’ compensation scheme. If the injured motorist requires assistance after the two year cut off they can make a common law claim for past and future economic loss. The maximum period such injured motorists can receive weekly benefits will be 3 years.

A common law claim, if made within 3 years will allow payments for past and future loss of income only. Once the common law claim settles no further weekly benefits will be paid. Medical expenses and care needs will however continue to be paid, if reasonably necessary.

Not At Fault Serious Injury (WPI 11% or greater)

Seriously injured motorists with a WPI of 11% or greater will receive the same benefits as moderately injured motorists. However, in addition to these benefits, a seriously injured person who pursues a common law claim will be entitled to up to 5 years weekly income payments until their common law claim settles. They may be able to receive medical expenses benefits, as well as commercial attendant care benefits for life.

Within 3 years of the accident seriously injured motorist can make a common law claim for compensation in relation to past and future loss and non-economic loss for pain and suffering. The idea behind the reform is to make benefits available quickly in order to reduce financial hardship and allow injured motorists to concentrate on their recovery and getting back to their pre-injury life style.

The new CTP reform is set to save NSW motorists approximately $120 off their Green Slip, and it is expected that on average premiums will drop from $650 to $528 in NSW. This is a win overall as it will not only benefit motorists but also reduce the super profit that insurers boasted prior to this reform.

How To Make An Application

The injured person is required to make an Application for Personal Injury Benefits. To do so, an Application for Personal Injury Benefits is made through the State Insurance Regulatory Authority website, known as SIRA.
You need to make an application for personal injury benefits before seeing a Lawyer.
Once the claim is made a lawyer can assist with the matters below.

Statutory Benefits Scheme

You will need to see a lawyer in relation to ongoing benefits you may have under the statutory benefits scheme if an insurer decides about the following: –

  1. The motor accident was caused wholly or mostly by the fault of the person claiming statutory benefits; or
  2. The person claiming statutory benefits injuries arising from the motor accident were minor injuries.

If the insurer decides that the accident was your fault or that you have contributory negligence of greater than 61% or that your injuries were minor injuries, then you are not entitled to receive weekly payments and medical expenses beyond 26 weeks.

This decision must be made in writing and usually is made at about 3 months after the accident.

You can challenge this decision through the Dispute Resolution Service (DRS) and will need the assistance of a lawyer.

This is the time when you need to consult with an accredited specialist in personal injury law to determine if you can receive statutory benefits for greater than 26 weeks.

Common Law Claim

A claim for compensation for common law damages can only be made if the insurer agrees the following: –

  1. The motor accident was caused wholly or mostly by the fault of the other driver; or
  2. That your injuries from the motor vehicle accident are more than a “minor injury”.

A claim for common law damages entitles you to claim an amount for the following: –

  1. Non-Economic loss – pain and suffering, that is loss of enjoyment of life as long as your whole person impairment exceeds 10%.
  2. Economic loss – compensation for loss of income including:-
    1. Past loss of earning.
    2. Future loss of earnings.
    3. Future deprivation or impairment of earning capacity
    4. Loss of superannuation.
    5. Damages for costs relating to accommodation or travel incurred as a result of the injury.
    6. Damages for the cost of the financial management for any damages that are awarded.

Non-Economic Loss

To make a common law claim for non-economic loss, that is pain and suffering, loss of amenities of life and reduced life expectancy you need to establish the following:-

  • That the accident was caused by the fault of the other driver.
  • That you have more than a “minor injury”.
  • That you have a whole person impairment greater than 11%.

Economic Loss

To make a claim for common law damages for past and future loss of income or deprivation or impairment of future earning capacity you must establish the following: –

  • That the accident was caused by the fault of the other driver.
  • That you have more than a “minor injury”.

You will need the assistance of an accredited specialist in personal injury law to assist you to obtain the necessary medical and other evidence to make a common law claim for damages.

You must make a claim for common law damages within 3 years from the date of the accident.

To assist you in making a common law claim for damages, the insurer is required to pay legal costs in accordance with Schedule 1 of the Motor Accidents Injuries Regulation 2017. Schedule 1 allows an amount of legal costs to be paid by the insurer based on the amount of compensation you receive and the stage at which your claim is resolved.

The costs paid by the insurer however generally do not cover the total costs and disbursements incurred in preparing your claim. Your lawyer can charge legal costs and disbursements over and above those required to be paid by the insurer under Schedule 1. This must be agreed between you and your lawyer. Any legal costs paid over and above that contained in Schedule 1 are paid at the conclusion of the claim and are paid from the damages you receive.

You should always seek the advice of an Accredited Specialist in Personal Injury Law.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
READ ALL TESTIMONIALS

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9