[ADVERTORIAL]
Have you received a compensation claim settlement offer?
By Matthew Fuss, Partner in Personal Injury Claims at Andersons Solicitors
If you’re injured in a car accident in South Australia, either as a driver, passenger, pedestrian, motorcyclist, cyclist or scooter rider, you may be able to make a claim for compensation. The claim will be made against the driver at fault of the accident and if the car is registered in South Australia, the claim will be handled and paid by the driver’s compulsory third party (CTP) insurer.
Motor accident claims can be complex, and the CTP insurer’s interests are not the same as yours, so it’s important to consider seeking expert legal advice early. Your personal injury lawyer will be able to guide you through the claims process and help you to understand and know your entitlements.
Here are some tips for you to consider before you settle your CTP claim.
1. Settlement offers
You do not have to accept the first offer from the CTP insurer, even if they send out a Deed for you to sign. Often, we find that the first offer is lower than what you are entitled to based on the injuries you sustained and ongoing effects of the injuries.
2. Seeking legal advice
Most CTP claims lawyers offer a free, no obligation first interview to provide you with initial advice. They will discuss the claims process with you and outline the types of compensation you may be entitled to, based on your situation.
Most people are concerned about the cost of having a lawyer act for them. What they may not know is that in many cases, a contribution towards the cost of the lawyers acting for you can be claimed from the insurer. In this case, the gap comes from your settlement monies, so there’s nothing to pay upfront.
If you decide to engage a lawyer, they can provide you with a written estimate of legal fees so you’ll know in advance what the cost will be. Ask about ‘no win no fee’ arrangements too.
If we think the insurer’s settlement offer is fair, we’ll tell you. In most cases, we can negotiate a higher settlement amount as well as a contribution towards legal costs.
3. Ongoing injuries
Once you accept an offer, you can’t claim anything further. That means you’ll no longer have your medical bills paid and you won’t get any further compensation.
You should only settle once your injuries are stable. Usually this is 12-18 months after sustaining injuries and when there has been no change to your injuries for at least three months and no further change is needed. If unsure, speak to your GP or specialist.
4. What’s in your best interests
It’s in the interest of a CTP insurer to pay you less. They are acting on behalf of the driver who caused your injuries, not for you, so they can’t give you advice on your claim, entitlements or what is a fair offer.
On the other hand, a lawyer who acts for you can give you advice on your claim and what you are entitled to.
Andersons Solicitors has one of South Australia’s leading personal injury law teams, who are highly experienced in acting for people seeking CTP compensation claims. For more information or to make a free, no obligation appointment to discuss your situation with a personal injury lawyer, please contact Andersons visit andersons.com.au or call 8238 6666.
Disclaimer: This advertorial contains general advice from Andersons Solicitors. It does not consider individual circumstances. Speak to a legal representative for personalised advice.
IMAGES: Adobe Stock.
