Settling a claim
Need for legal advice
It will probably be in your best interest to seek legal advice if the claim is complex or disputed. You may choose to be legally represented at any stage in pursuing your claim. However, you are not obliged to engage the services of a solicitor. You may choose to negotiate directly with the insurer yourself.
If you make a claim through a solicitor you should discuss legal fees. For accidents after 1 October 2000, you may be liable for legal costs. If the damages paid on your claim are less than $30,000 there is no entitlement to legal costs. For claims greater than $30,000, but no more than $50,000 entitlement to legal costs is limited to $2,500 (including disbursements).
For further information on legal advice contact the Queensland Law Society.
Settlement
You may negotiate with the insurer to settle your claim at any time. Furthermore, the legislation now requires that, before bringing any court action, there must be a conference of the parties to attempt to settle the claim. Where agreement cannot be reached on liability or amount of compensation, court action is the final option. However the majority of claims are settled prior to this through negotiation. Once you accept an offer from the insurer your claim is finalised.
Last reviewed 21 July 2008
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