CTP Insurance Claim - Is Accident Claim Lawyer Necessary?

3jidaddy on 18/11/2021 - 22:58

Hi. My wife had a rear-end accident. She has been suffering from whiplash, back pain, wrist pain, etc. She went to see GP and have been doing physiotherapy. The doctors recommended taking some days as she is a full-time worker. CTP insurer called my wife yesterday and wants to settle with under $6k. We thought that we don't know how long she will go through the treatment for the recovery so we declined the offer.

A friend of mine recommended an accident claim lawyer. We contacted one and got lots of information except the cost figure. The cost figure was unclear. We don't know what the right pathway is as this is our first time going through this. It would be greatly appreciated if you could share your experiences on the ctp insurance settlement.

  1. Is it necessary to have an accident claim lawyer? What is the pro and con of having an accident claim lawyer?

  2. How much do the accident claim lawyer charge? We are in Qld if this helps.

Thank you in advance for your help!

Automotive

Comments

  • Emerald Owl on 18/11/2021 - 23:13
    +2

    Get a free quote with a lawyer. Know it all’s who don’t know will comment.

    • Muzeeb on 19/11/2021 - 00:12
      +5

      I resemble that remark.

  • Gratt on 19/11/2021 - 00:18

    My wife had an accident where she settled for a similar amount. They also paid medical costs at the time. The bruising from the seatbelt left cysts and some scar tissue in her breast. This means we need higher resolution radiography than can be obtained under Medicare. The difficulty she had in climbing steps that was resolved through physio after the accident has now returned.

    In short the $5000 they offered at the time seemed ok but in hindsight is inadequate. I don't know that a solicitor can do better and even asking one can be expensive.

    However, you should be aware that things may become expensive down the track.

  • Diji1 on 19/11/2021 - 00:39
    +6

    It sounds like a serious injury, DO NOT proceed without a lawyer. Don't worry about the cost, that's what you are suing for.

    The insurance company will try to settle as fast as possible so they will not be held liable for any costs. Do not agree to anything without consulting a lawyer. I cannot stress this enough. Do not deal with insurance for a major injury without a lawyer.

    Basically they will try to settle as fast as possible to avoid any long term damages and it's in your interest to settle as late as possible so that any long term damages are revealed.

  • songsong on 19/11/2021 - 00:54

    I have a friend who is a personal injury lawyer and from the stories (and payouts) I hear from him, you should 110% contact someone reputable and reliable to discuss your case with.

    Not sure about costs for every firm, but the one he's at takes a % of the payout.

  • brendanm on 19/11/2021 - 07:19
    +1

    The only person the insurance company is wanting to look after, is the insurance company. Paying you out limits their exposure, at the same time as shafting you.

  • thatonethere on 19/11/2021 - 07:31
    +1

    The insurance will try to settle up early before you have had time to assess injuries etc.

  • Hithere on 19/11/2021 - 08:33
    +1

    A family member was in the same situation.

    They engaged a lawyer who told the Insurance company where to go and the case went to court where the Insurance company ended up paying out a lot more than their paltry original offer.

    Don't rush into anything, some personal injuries take a while to appear, and in most states you have up to 3 years to claim, 6 years in Vic.

  • solidussnake on 19/11/2021 - 09:09
    +1

    I had a similar thing happen to me (Was stopped at lights and two cars went up my arse at 60) went to Gouldson Legal from memory they get 30 or 40% of the total money they get for you, my claim took 2 years as I wasn't in a rush but I experienced increased neck pain and certain machines at the gym I cant use anymore. Going this way they will get you more money which you can put away for long term use like when I get older..

  • ThithLord on 19/11/2021 - 09:15

    A friend recently suffered the same kind of situation and after using lawyers, received over 10x the amount the insurer first offered.

    With neck injuries you do not want to be left wanting.

  • redvaldez on 19/11/2021 - 09:28
    +1

    How much do personal injury lawyers charge? Well, how long is a piece of string? If it's a very simple matter that settles quickly (e.g. stable damages, no affect on ability to earn an income, no need for expert reports) then probably a couple of grand. If it's a complex matter that ends up going to trial, then I wouldn't bat an eyelid at $150k+ in fees and outlays.

    Personal injury solicitors in Queensland, if agreeing to run a matter on a 'no win no fee' basis, cannot take more than 50% of the payment you receive. But note that this only relates to professional fees: items like barrister's fees, expert reports, court filing fees etc can be on top of this.

    What do you mean that the costs weren't clear? Were you provided with a Costs Agreement? Professional standards legislation requires a Costs Agreement to be provided that sets out how legal fees are to be calculated when proceeding with a matter where the professional fees are likely to be $1,500 or more. If you haven't received a Costs Agreement (or at least something similar to it), I would be asking for one. If you have been provided with one and am finding it difficult to understand, then I'm not surprised, they are fairly wordy documents and there will be a lot of contingencies allowed for in those estimates. But it then follows the difficulty in providing an estimate of costs is that there are sooo many variables that are outside the control of your lawyer. There is no harm in asking the lawyer you're looking to engage to provide a plain-English explanation to you.

    Do you need to engage a lawyer? I am biased - I am a practicing solicitor in Queensland (I don't practice in personal injury, but I've always had colleagues at my firms who have) - but the answer is a resounding hell yes. While it doesn't sound like there's a dispute over liability, there are certain processes to be followed - both formally under legislation and informally as part of how these matters are run - that you simply couldn't pick up on a whim yourself. Even as a solicitor who's experienced in other areas of law, there's no way I would attempt to run a personal injury claim myself.

    Also, it needs to be said that once you reach a settlement, then that's it. If your wife's injuries are more serious than what they seem now - potentially if they lead to a permanent loss of income - then you won't get a second attempt to receive compensation. That's also another reason to engage an experienced solicitor as they'll know what a reasonable outcome will be, and will do all they can to get it to that.

    • 3jidaddy on 19/11/2021 - 11:03

      I had a consultation and waiting for the cost agreement. What was not clear was the professional fee of 50% max of the payment. Does this mean that the lawyer can charge 50% of the settlement fee which can end up with less money for us after the long settlement waiting time (which I heard takes no less than 9 months.)?

      I know the fees vary based on the case and the firm but I would like to hear the experience of others who used the lawyers before.

      • thatonethere on 19/11/2021 - 11:30

        That is why they have all those TV ads…

  • pharkurnell on 19/11/2021 - 09:31

    Having been through this, never accept their first offer…

    Theres plenty of lawyers who do no win no pay (which is bullshit) but will give you an idea of how many 100k you can make out of this.

  • dtc on 19/11/2021 - 12:21

    https://www.lsc.qld.gov.au/for-the-public/information-on-leg…

    The lawyer cant charge a fixed percent, they charge by time spent up to a maximum of 50%.

    If nothing else, the lawyer will remind you that out of the $6k offer you will have to reimburse medicare

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