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.
Before engaging a solicitor you should discuss legal fees and how much you may be charged. For accidents occurring on or after 1 October 2000, you may be liable for the payment of all legal costs (including costs of obtaining medical reports) for your claim.
Generally, in order to claim legal costs, the damages paid on your claim must exceed a threshold. The amount of legal costs claimable depends on a number of factors. Details on the thresholds and claimable legal costs can be found at Part 4, Section 55F of the Motor Accident Insurance Act 1994 and Part 6, Section 27A of the Motor Accident Insurance Regulation 2004.
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 6 December 2012
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