Read this fact sheet on your role in the new CTP scheme.
The motor accidents guidelines 2017 will be an important resource for you in helping a claimant.
If you're a lawyer we expect you to support fair and timely resolution of claims and promote the recovery of claimants by reducing unnecessary delays and disputes. You need to be aware of your responsibilities regarding:
- claims cost disclosure: A lawyer representing a claimant with a motor accident injury claim must provide us with a breakdown of costs for that claim (see 'Fees and invoicing' below) when it is finalised
- disputes and reviews
- arranging medico legal and neuropsychological assessments.
As the regulator of motor accidents insurers in NSW we work to ensure that all insurers comply with their legislative obligations and any relevant guidelines. If you believe an insurer has breached these obligations, let us know.
Forms you might need
- Neuropsychological assessment notification form
- Claims cost disclosure form (call us on 1300 656 919 or email us at firstname.lastname@example.org for a copy)
Publications you might need
- Motor accident guidelines 2017
- Neuropsychological assessment guidelines (helps in planning for an assessment)
- Solicitors, CTP insurers and LTCS scheme staff factsheet
- Injured people, relatives and significant others factsheet
Fees and invoicing
The Motor Accidents Injuries Act 2017 commences 1 December 2017, marking the beginning of a new CTP Green Slip scheme designed to better support people injured on NSW roads.
The role of lawyers in the new CTP scheme has therefore changed.
There are new ways fees are calculated for motor accidents claims. This depends on the status of the claim:
There are new dispute types in the statutory benefits scheme.
Legal fees will not be able to be claimed for some dispute types under the new scheme.
For more information, refer to the Motor Accidents Injuries Regulation 2017.
If you have any questions regarding this information contact, please call us on 1300 656 919.
The Motor Accidents Injury Regulation 2017 caps legal costs for motor accident injury claims made on or after 1 December 2017.
- Prohibit contracting out of maximum solicitor-client costs for claims for a settlement or award of not more than $75,000.
- Protect the first $75,000 of a settlement or award from solicitor-client costs. (This means that the maximum solicitor-client costs cannot be more than party-party costs plus the difference between the settlement/award and $75,000.)
- Limit legal costs to $15,000 for claims made by children under 18 years of age.
Claims cost disclosure
All lawyers representing a CTP claimant must provide us with a breakdown of costs related to common law for that claim when the claim is finalised.
This breakdown must include:
- the total amount the claim was resolved for
- all deductions (including all legal costs and disbursements) and paybacks in relation to the claim
- the total amount paid to the claimant.
To help you do this, we developed a claims cost disclosure form in consultation with legal professionals and the Law Society of NSW.
The process for disclosing claims costs involves:
- ensuring the insurer has your correct and current email address
- after claim settlement we send you an email containing a secure link to an online form
- you have 20 days (from the date of the email) to complete and submit the online form to us. We monitor compliance
- after we receive the form, we’ll send you a confirmation email containing a PDF copy of the completed form.
Call us on 1300 656 919 or email us at email@example.com for a copy of the claims cost disclosure form.