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Fill out the form below to find out how much you can claim. If you've already submitted a claim we'll tell you if you're entitled to additional benefits or a lump sum.
Fill out the form below to find out how much you can claim. If you've already submitted a claim we'll tell you if you're entitled to additional benefits or a lump sum. Call 1800 888 529.
If you’ve made a CTP claim you’ve probably been told you don’t need a solicitor. In fact, solicitors can’t charge for their time to help you complete your initial application for personal injury benefits, and if they do help you, it can only be as a free service.
However, getting a solicitor to help you with your CTP claim can dramatically increase the benefits you receive. And what you’re probably not being told is that there are many situations where you can get your solicitor’s fees paid by the insurer.
- When you should use a solicitor
- What it will cost
- When you can get the insurer to pay for your solicitor
- How you can get free legal support
Lodging your initial claim.
Although the application process may appear straightforward, it’s possible your benefits will be denied by the insurer, or you’ll face a dispute over the injuries you’ve sustained. If this happens to you, your wages and other benefits could be cut off at any time during this period.
Although a solicitor can’t be paid to assist you with completing your application, it’s a good idea to have it checked by a solicitor prior to lodging with SIRA or the insurer. You can use this link to get a free claim check by a specialist CTP solicitor.
Disputes
If you’re disputing the insurer’s decision over your benefits, it’s important to understand there are two types of disputes – paid disputes and unpaid disputes.
- A paid dispute is a dispute that a solicitor can charge for, and the fees are fixed.
- Your lawyer will earn generally $1,600 for each paid dispute to a maximum of $6,000 for each dispute category.
- You won’t have to pay anything to have a solicitor assist you with a paid dispute – these fees are paid by the insurer.
- If a solicitor helps you with an unpaid dispute, they must do it free of charge.
- Definition of minor injury – paid dispute
- Not receiving reimbursement of expenses – unpaid dispute
- Not approving appropriate treatment or travel expenses – paid dispute
- Not receiving correct weekly payment of lost wages – unpaid dispute
If you’re unsure what category your dispute falls into, you can call 1800 888 529. to find out. It’s a free service.
Medical Reports.
For some disputes you’ll need a medical report to provide supporting evidence – for example, if you’re disputing the definition of your injury as “minor”.
- The cost of the medical report will be covered by the insurer up to a set amount.
- For most reports the insurer will reimburse you up to $1,600.
- If you don’t have a lawyer, you’ll be required to pay for these medical reports up front and then you’ll be reimbursed after the DRS determination.
- If your dispute has gone to the DRS, then the doctor completing the report must be approved by SIRA – click here to see the approved doctor list.
- If your doctor isn’t SIRA approved, then their report can’t be used at the DRS determination.
- If you do have a lawyer, most good law firms will arrange the report and cover these expenses for you.
Lump sum claims.
If you’re applying for a lump sum, there’s a schedule of fixed fees a solicitor can be paid to assist you for claims up to $75,000.
- These fees are paid by the insurer.
- If your settlement amount is greater than $75,000, then the solicitor can charge an amount set by them, with your agreement.
- This agreement is known as a “costs agreement”, and only applies to the amount they charge for your claim over the $75,000 threshold.
- The fixed fees still apply to the work they do for the first $75,000 of your claim, and are still paid by the insurer.
Under a costs agreement, solicitors will generally either charge by the hour, or for set fees according to each service they provide. They can’t charge a percentage of your claim amount, however they can “cap” their fees at a percentage of the amount they successfully claim over and above $75,000.
So, when should I use a solicitor?
If you disagree with the insurer, you should contact a solicitor before you lodge your dispute.
If you’re claiming lump sum benefits, you should contact a solicitor before you lodge your claim.
No Win, No Fee.
Many personal injury lawyers will work on a no win no fee basis, so their fees will come out of your settlement – you shouldn’t have to pay anything up front.
What if I want help with my initial application for personal injury benefits?
Solicitors can’t charge to help you apply, so we’ve introduced a free claim check. Just register your details and you’ll get a free claim review with a lawyer to determine what benefits you’re entitled to, and you’ll get support throughout your claim. Then if a paid dispute arises or if you’re entitled to a lump sum, a dedicated solicitor will be assigned to your case, to make sure you get your full entitlements. Click free claim check to get started now.
What do I do next?
If you’re being paid personal injury benefits, don’t assume you’re getting your full entitlements – take some time to check.
If you’re in a dispute with an insurer call 1800 888 529 for free legal advice.
If you believe you’re being under-paid or you might be entitled to a lump sum, click ‘free claim check’ in the menu above.
“…the insurer has legal, medical and financial experts on their side supporting their decisions – so if you don’t have a solicitor, it’s not exactly an even playing field.
