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On or after 1 December 2017

In brief

The motor accidents guidelines will be an important resource for you in helping a claimant.

Online is the easiest way for injured people to lodge a CTP claim for personal injury benefits. To receive back pay from the date of the crash, the insurer needs to receive the claim within 28 days. You can still submit a claim up to three months after the crash, but it’s best to submit a claim as soon as possible. Find out more about the online claim submission on the personal injury benefits page.

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:

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

Publications you might need

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 Act is supported by the Motor Accident Injuries Regulation 2017.

There are new ways fees are calculated for motor accidents claims. This depends on the status of the claim:

1. Statutory benefits

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. Find more information in our legal costs in claims for CTP statutory benefits factsheet.

If you have any questions regarding this information contact, please call us on 1300 656 919.

2. Claim for Damages

The Motor  Accidents Injury Regulation 2017 caps legal costs for motor accident injury claims made on or after 1 December 2017.

The changes:

  1. Prohibit contracting out of maximum solicitor-client costs for claims for a settlement or award of not more than $75,000.
  2. This means if a matter settles for not more than $75,000, you are only entitled to claim Regulated Costs and cannot contract out. You can find information about Regulated Costs under Schedule 1 of the Motor Accidents Injuries Regulation 2017

  3. Protect the first $75,000 of a settlement or award from solicitor-client costs.
  4. 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. For example, if a matter settles for $100,000, you would be entitled to charge the Regulated costs plus a total maximum of $25,000 (being the difference between the $100,000 settlement and the $75,000 cap) in contracted out solicitor-client costs.

  5. Limit legal costs to $15,000 for claims made by children under 18 years of age.

For further information, refer to the Motor Accident Injuries Act 2017 and Motor Accidents Injuries Regulation 2017.

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.

The process for disclosing claims costs involves:

  • after the matter settles, we send you an email containing a secure link to an online form. Please ensure the insurer has your current email address.
  • you have 20 days (from the date of the initial email) to complete and submit the online form to us. We monitor your compliance in completing this form.
  • after we receive the form, we’ll send you a confirmation email containing a PDF copy of the completed form.

If you have any questions about the process or for more information call us on 1300 656 919 or email us at claimscosts@sira.nsw.gov.au.

Disputes

Insurer internal reviews

Sometimes, matters are in dispute with the insurer. The first step is to talk with the insurer. You can ask the insurer for an insurer internal review where the insurer will review the matter themselves as a first step.

Decisions

If you want more information on the disputes process, please see Motor Accident disputes process for disputes on or after 1 December, 2017

If you want more information on decisions made by the Dispute Resolution Service, please see Motor Accident Decision on or after 1 December, 2017