Beware: Do not act for yourself in a Personal Injury - Motor Vehicle Accident Claim

Do not act for yourself in a Personal Injury - Motor Vehicle Accident Claim

Insurance Companies do not care.

It’s important to realise that insurance companies are in the business of paying out as little as possible for claims.

Insurance companies are not, in any way, interested in paying you appropriate compensation, or compensation you are reasonably entitled to. Their strategy is to pay the least amount possible or nothing if possible.

Beware of insurance companies who call and offer you money.

Some CTP insurers are actively trying to engage with injured people directly – very soon after an accident, even before their injuries have settled, in order to settle a claim for much less than what their claim would be worth. The insurance representative comes across as genuinely caring, wanting to help and offering money to ‘help’ at a time when people are vulnerable and in need.

People should beware of these situations. The insurance company does not care. The aim of the engagement is to entice you into an early settlement of your claim, so they pay as little as possible.

Without legal advice you could do yourself out of tens of thousands of dollars, or much, much more.

Some people also wish to avoid legal fees and so chose to represent themselves in a claim. This is never a good idea.

An Example:

Michael from North Queensland

Mike had a car accident and fractured his arm/wrist. He thought he would avoid any legal fees by acting for himself and had been negotiating with the CTP insurer for over 2 years. When they offered him $150,000, he realised he should be entitled to more compensation. He was also stressed and unclear about his legal rights and entitlements and how the law applied to his situation.

He then sought advice from an experienced litigation lawyer working in person injury compensation law. Mike’s matter ended up resolving for over $300,000. The legal fees he paid were well worth it.

Do I need a lawyer for my Personal Injury Claim?

In Queensland, if you suffer an injury due to an accident, whether from a motor vehicle accident, workplace incident or a public liability situation, you may be able to pursue a compensation claim for your injuries.

While it is possible to ‘self-represent’ and navigate the compensation claim process independently, engaging qualified legal representation – namely an experienced personal injury/litigation lawyer - offers numerous benefits that can significantly improve outcomes and reduce stress for the injured person.

Specialised Knowledge, Experience + Efficiency

Knowledge, experience and efficiency contribute significantly to successful claims.

 Personal Injury Lawyers (should) possess specialised knowledge of the Queensland legal system and legislation including the:

• Personal Injuries Proceedings Act 2002,
• Workers Compensation and Rehabilitation Act 2003 and
• Motor Accident Insurance Act 1992.

Personal Injury Law is complex and in addition to the applicable law, it also includes:

• Strict pre-action procedures,
• Time limits and
• Procedural requirements.

Engaging an experienced personal injury lawyer should also ensure:

• The value of your claim is properly assessed and considered,
• It is lodged correctly,
• On time,
• Appropriate evidence is obtained, and
• All procedural requirements are met.

This avoids costly errors and delays that could jeopardise your entitlement to compensation.

Assessing the Value of your Claim

An experienced personal injury lawyer will understand how to accurately assess the value of your claim.

Compensation can cover a wide range of items including out-of-pocket medical expenses, past and future loss of income, future treatment and pain and suffering (general damages).

Without representation from an experienced personal injury lawyer, you may underestimate your claim’s worth or accept an early settlement offer from an insurer that does not reflect the full extent of your damages.

You Against the Insurance Company

Insurance companies have vast resources and have been in the business of dealing with claimants for decades.

Engaging an experienced personal injury lawyer levels the playing field with the insurance company.

An insurer will usually attempt to minimise your payout or deny liability in cases where fault is disputed.

A personal injury lawyer can gather evidence, consult experts and construct a compelling case to support your position, which is crucial, particularly if your matter proceeds to mediation or court. They also know the law and will use that to progress your claim.

Summary

An injured person may choose to self-represent, as they believe handling their own claim will result in a better financial outcome by avoiding legal fees. The reality however, is that it’s usually the case that self-represented parties will often receive much lower compensation payouts than an injured person who has engaged a personal injury lawyer.

Depending on the individual circumstances of each case, there may also be an opportunity to recover some legal costs from the other party.

Find a Good Personal Injury Lawyer.

Most personal injury lawyers in Queensland operate on a ‘no-win, no-fee’ basis. This means that an injured person does not pay legal fees unless their claim is successful. It will cost you nothing to engage a lawyer. Fees are only paid when you receive your settlement.

Find an experienced lawyer you trust who works on a no win no fee basis and ideally does not charge any uplift fees. (Some lawyers do.)

If you are coping with the aftermath of an injury, having skilled legal representation can make a substantial difference to your financial recovery and emotional wellbeing. It can also mean the difference between an unsuccessful claim or a successful one.