Why You Should Use a Lawyer in a Motor Vehicle Injury Claim in Queensland

The CTP Insurer Says I Can Handle My Personal Injury Claim Myself – Should I?

If you have been injured in a motor vehicle accident in Brisbane, you may have already spoken to a Compulsory Third Party (CTP) insurer about your claim. Often, insurers will encourage you to handle the claim process yourself, suggesting that it’s straightforward and doesn’t require legal assistance. While this might sound appealing, especially if you’re looking to resolve your case quickly, it’s crucial to understand the potential risks and pitfalls of going it alone. Failing to have professional legal representation can lead to significantly lower compensation and cause unnecessary stress.

This article explores why you should approach such advice to deal with the CTP insurer yourself with caution and how an experienced injury lawyer in Brisbane can protect your rights and help you secure the compensation you deserve.

Who Are the Compulsory Third Party (CTP) Insurers in Queensland?

Queensland’s CTP scheme is operated by three licensed insurers:

• Allianz
• QBE
• AAI – Suncorp

These insurers provide compulsory insurance coverage for injuries caused in a motor vehicle accident, but their primary goal is not to maximize your compensation.

The Motor Accident Insurance Commission (MAIC) is the Queensland regulatory body overseeing the CTP insurance scheme. MAIC ensures that the scheme operates fairly and provides support for injured road users. MAIC is responsible for managing the CTP scheme, keeping premiums affordable and reporting on claim durations and the like.

Suncorp (AAI), Allianz, and QBE all suggest on their websites that you can run a claim yourself. Allianz promotes that by contacting them your claim will be lodged faster, and you’ll have access to rehabilitation. Suncorp goes as far as saying “did you know you can lodge your claim directly without a lawyer?” They all promote this process as being simple and the underlying message is they will look after you and things will be dealt with swiftly and with ease.

An insurance company and its employees owe you nothing! They have their own targets and goals and maximising your claim will not be their focus.

The CTP insurer and the claims handlers have no duty or obligations to you. They are your opponent in an injury claim, they are highly skilled and highly resourced. An unrepresented claimant v’s an insurance company doesn’t feel like a fair fight.

Who Will Look After Your Best Interests?

It is ridiculous to think that an insurance company writing the cheques and managing their bottom line will have your best interests at heart. Who is looking out for you and your interests in that case? The speed of settlement, their statistics, and their bottom line are all in conflict with maximising your personal injury settlement.

By contrast, lawyers have an ethical duty to act in the best interests of the client. They are duty bound to look after you and your interests and their interests are not conflicted with doing the very best job for you to maximise your compensation payout.

Do Lawyers Really Get You More Compensation?

As settlements are a private agreement, not all settlement data is made available to the public. We have been able to analyse the available MAIC market data and the Taylor Fry Annual Review Presentation.  The analysis shows that claimants who have a lawyer represent them, receive much higher compensation than self-represented claimants.  Considering claims for people with a similar injury, we can see that the average legally represented claimant received about 7.5 times more compensation than a self-represented claimant and 8.32 times more compensation across all claim categories.   

The data shows us that an injured person who engages a lawyer to act for them in their compensation claim is likely to receive 8.32 times more compensation than a claimant who deals directly with the insurer. 

Why the CTP Insurer Suggests You Handle the Claim Yourself

CTP insurers operate as a business, and their primary objective is to minimize payouts and maximise profits. When they suggest that you can manage your claim on your own, it might not be in your best interests. Here’s why insurers may take this approach:

1. Cost Savings for the Insurer: Without legal representation, claimants may accept lower settlements due to a lack of understanding about their rights or the true value of their claim.
2. Simplified Process for Them: Insurers prefer dealing with unrepresented claimants as it allows them to negotiate on their terms without the scrutiny of an experienced lawyer.
3. Access and Permission to Contact You Directly: When you self-act in a compensation claim, the insurer has direct contact and communications with you. When you have legal representation, the insurer will not contact you directly, they must communicate with the lawyer as your representative. Claimants don’ t appreciate that the insurer will take a record of every conversation, for example, if the insurer calls you and says “how are you today?” and you answer without giving it any thought “good” – that could be used against you with the insurer arguing that on that day you reported you were fine. By engaging a lawyer, the lawyer will communicate what is necessary for your claim and manage the conversation and information disclosed.
4. Perception of Easier Resolution: By framing the process as simple, insurers encourage claimants to believe they don’t need professional assistance, which can work in the insurer’s favour.

The Risks of Handling Your Claim Alone

While you legally have the right to manage your claim, there are several risks involved:

1. Undervaluing Your Claim

Personal injury claims involve more than just medical bills. You may also be entitled to compensation for:

• Pain and suffering
• Loss of income (past and future)
• Rehabilitation costs
• Future medical expenses
• Loss of superannuation benefits

Without legal expertise, it’s easy to underestimate the value of these components. Insurers might offer a settlement that appears reasonable but falls far short of covering your long-term needs.

The MAIC independent actuary – Taylor Fry ‘Qld CTP Market Briefing of 17 December 2024 predicted an average settlement sum of $131,869 in 2025. This value is slightly lower than the actual for last year ($133,067). These are not insignificant numbers and it is important to seek advice to ensure you are being compensated for everything you are entitled to before signing away your rights and settling the claim.

2. Not receiving the necessary rehabilitation

Analysis of the available MAIC data on previous settlements shows that claimants who are self represented receive less funding from the CTP insurer for rehabilitation and medical treatment. The data shows that claimants who engage a personal injury lawyer, receive on average 3.17 times more treatment and rehabilitation than those who are self represented.  

3. Lack of Knowledge About Legal Entitlements

Queensland’s CTP scheme is governed by specific laws, such as the Motor Accident Insurance Act 1994 (Qld), which dictates what you can claim and how. Navigating these regulations without professional help can result in missed opportunities to maximize your claim.

4. Pressure to Settle Quickly

Insurers often pressure claimants to settle early, long before the full impact of their injuries is known. This can result in inadequate compensation if your injuries worsen over time or require ongoing treatment.

5. Difficulty Proving Future Losses

Insurers often pressure claimants to settle early, long before the full impact of their injuries is known. This can result in inadequate compensation if your injuries worsen over time or require ongoing treatment.

6. An Added Stress and Drain on Your Energy

It is important to not underestimate the toll having an injury, the rehabilitation, and the fear of the unknown will have on you. When you are injured, it is normal to worry about the future, your ability to work again and your independence. Following an injury there is a great period of uncertainty and this can be worrying and exhausting. By engaging an injury lawyer to represent you, they can give you advice, let you know what to expect in the future and take the burden of the red tape, and dealing with the CTP insurer from you, giving you peace of mind that is being looked after and you can then focus on your rehabilitation and wellbeing.

7. Tactics Used by Insurers

Insurers are skilled at minimizing payouts, employing tactics such as:

• Disputing liability for the accident
• Arguing your injuries aren’t as severe as claimed
• Using complex legal language to confuse claimants
• Making you feel like you are lucky to receive rehabilitation funding and should be happy with that
• Pressuring you to use their preferred rehabilitation providers, when you have a right to seek rehabilitation from a provider of your choice
• Offering you a sum that without legal knowledge, you may believe is generous
• Failing to offer and take account of future loss of income

How a Personal Injury Lawyer in Brisbane Can Help

Hiring a personal injury lawyer can level the playing field, ensuring that your interests are protected throughout the claims process. Here’s how:

1. Accurate Valuation of Your Claim

An experienced lawyer will consider all aspects of your injury, including medical expenses, loss of earnings, pain and suffering, and future costs. They’ll work with medical and financial experts to calculate a fair and comprehensive settlement figure.

2. Navigating Queensland’s CTP Laws

Brisbane-based injury lawyers have in-depth knowledge of local laws and processes, ensuring that your claim is lodged correctly and all entitlements are pursued.

3. Handling Complex Negotiations

Lawyers are skilled negotiators who can counter insurer tactics and ensure you aren’t pressured into accepting an inadequate offer.

4. Gathering Evidence

Your lawyer will gather and present crucial evidence, such as:

• Medical records
• Expert opinions
• Accident reports
• Witness statements

This strengthens your case and makes it harder for the insurer to dispute your claim.

5. No Upfront Costs

Most personal injury lawyers in Brisbane work on a no-win, no-fee basis, meaning you won’t pay legal fees unless your case is successful. This makes legal representation accessible and low risk.

Case Study: Why You Shouldn’t Go It Alone

Katie’s Motor Vehicle Accident Claim Story

See how we helped Katie get an extra $57,000 from her compensation payout, twenty times what the insurer offered her.

Katie’s* motor vehicle accident claim is a great example of where having the right evidence and lawyers negotiating on her behalf dramatically increased the sum the insurer was prepared to pay.

Katie was 18 when she was involved in a motor vehicle accident. At that time she wasn’t ready to have the recommended surgery and her file was put on hold with the insurer. Katie was dealing directly with the insurance company as a self represented claimant.

After some time had passed, Katie was working as a nurse, albeit with difficulties as a result of the injuries sustained in the accident. The insurer made her an offer to settle for $3,000. Katie thought this didn’t seem enough as it wouldn’t cover the cost of the recommended surgery. This prompted her to engage Trilby Misso Lawyers to act for her.

Her legal team at Trilby Misso arranged for Katie to be examined by a medical expert who prepared a report assessing the extent of her injuries, as well as addressing her ability to work and need for future surgery and treatment. Once this evidence was available, negotiations with the insurer began and Katie’s claim was settled for $60,000 plus a contribution to her legal fees. This is more than twenty times what she was initially offered when she was self acting.

Katie was able to put her settlement money aside for the future when the timing is right for her surgery to happen and takes comfort knowing that the financial pressure will be off and she can take the necessary time to recover.

*Names have been changed to maintain confidentiality

Myths About Handling Claims Yourself

1. “Lawyers Will Take Most of My Settlement.”

Fact: In Brisbane, injury lawyers work on a regulated fee structure, and reputable firms ensure you retain the majority of your compensation.

2. “The Claims Process Is Easy.”

Fact: While the initial forms may seem simple, proving your losses and negotiating with insurers is often complex and time-consuming.

3. “The Insurer Is on My Side.”

Fact: The insurer’s goal is to protect their bottom line, not to secure the maximum compensation for you.

When Should You Contact a Lawyer?

It’s advisable to contact a personal injury lawyer as soon as possible after your accident. Early legal advice ensures:

• Your claim is lodged within the strict time limits imposed by Queensland law.
• Evidence is preserved while it’s still fresh.
• Insurer tactics are countered effectively from the start.

Key Takeaways

• While a CTP insurer may suggest you handle your claim alone, this is often not in your best interests.
• Without legal representation, you risk accepting a settlement far below what you’re entitled to.
• Without legal representation you are left to navigate the red tape alone and may risk losing your claim by missing important deadlines.
• Hiring a personal injury lawyer in Brisbane ensures your claim is accurately valued and your rights are protected.

Need Legal Help with Your CTP Claim?

If you’ve been injured in a motor vehicle accident, don’t let the insurer dictate your compensation. At Trilby Misso our experienced Brisbane personal injury lawyers specialize in CTP claims, helping clients secure fair settlements that reflect the true impact of their injuries.

We offer a free, no obligation consultation and work on a no-win, no-fee basis, so you have nothing to lose.