Injured in a Queensland Motor Vehicle Accident? Never accept a direct offer from a CTP insurer without advice, writes Attwood Marshall Lawyers Compensation Law Associate, Yasmine Chalvatzis.
When injured in a motor vehicle accident, the process of lodging a Compulsory Third Party (CTP) insurance claim can feel overwhelming and it may seem a welcome relief to find an insurer who suggests dealing with them directly.
However, recent statistics reveal what lawyers have always known; early settlements are often suggested to avoid claimants seeking advice and receiving much more than what was offered.
This month marked Queensland Road Safety Week, the state’s annual event to shine a spotlight on road safety as statistics reveal 302 people died and thousands more were seriously injured on Queensland’s roads last year.
Suncorp’s services under scrutiny
For those injured in a motor vehicle accident who turn to their insurers, they may well contact Queensland’s biggest CTP insurer, Suncorp, especially given their current direct marketing campaign targeting injured motorists, promoting a supposed “Concierge CTP Claims Service.”
The service advertisements outline how dealing directly with Suncorp will ensure “quicker access to treatment and rehabilitation needed to recover from the motor accident” and provide claimants “with information that explains” their entitlements. The advert not only promotes a quick resolution, but also expenses paid upfront and a lack of legal fees by dealing with them direct. It’s easy to see why claimants could agree with Suncorp’s reasoning.
However, the Australian Lawyers Alliance, a not-for-profit association that supports victims of negligence in civil litigation against insurers and financial institutions, has reported that Queensland law firms are already raising concerns about Suncorp’s behaviour with claimants.
Queensland lawyers have told the ALA that Suncorp’s claims service suggests they can guide people through their injury claim process and even proposes that “you don’t need a lawyer to claim.”
There are also claims that staff present themselves as “injury experts” and inadequate settlement offers are made to vulnerable claimants – often in one of the most traumatic times in their lives – without informing them of their right to proper legal advice.
A Right to Information (RTI) request to the Motor Accident Insurance Commission (MAIC), the regulatory authority responsible for the ongoing management of the Compulsory Third Party (CTP) scheme in Queensland, confirmed that unrepresented claimants are staggeringly financially disadvantaged if they don’t use a lawyer.
In 2024, the average payout for self-represented Suncorp claimants dealing directly with the insurer was just $18,021, compared to $147,369 for those making a claim supported by a lawyer.
That colossal eight times increase for claimants who have sought legal advice speaks volumes to the disadvantage to those who go it alone in CTP claims.
The ALA met with Suncorp about the allegations and have subsequently made formal complaints to the Australian Securities and Investments Commission (ASIC), about Queensland’s leading insurer.
The ALA has alleged Suncorp is culpable of:
- Misleading or Deceptive Conduct: Under section 18 of the Australian Consumer Law, Suncorp’s ads, the content on their website and direct communications fail to disclose material facts, creating the false impression that legal advice is unnecessary or accessible through their claims staff.
- Unlawful Advertising of Personal Injury Services: Breaches of section 66 of the Personal Injuries Proceedings Act 2002 (Qld) by promoting claims services that encourage claimants to pursue compensation without independent advice.
- Engaging in Legal Practice Without Authority: Under sections 24 and 25 of the Legal Profession Act 2007 (Qld), Suncorp staff may be unlawfully providing legal advice or giving the appearance of doing so when assessing compensation entitlements.
The ALA is also encouraging their members to lodge complaints direct to ASIC if they find clients who were misled or financially disadvantaged by Suncorp’s direct claims model.
Advice for claimants injured in a motor vehicle accident
Claimants would be wise to remember an insurer’s employees are not independent and will represent the insurer’s interests, not yours. Staff may present themselves as “injury experts,” but that is far from the truth and the insurer is under no obligation to inform you of all the options available to you, or even considerations for the future.
Should you consider accepting a settlement directly with the insurer, that often bars you from claiming further compensation, an important caveat to bear in mind should your injuries worsen over time – a common occurrence.
While a speedy resolution to your claim might seem appealing, don’t forget insurers have a vested interest in resolving claims quickly and for the lowest possible amount. By encouraging injured individuals to settle directly, insurers can often finalise claims before the full extent of injuries or long-term medical needs are fully understood.
In many cases, claimants are unaware of other future costs associated with their injury such as loss of income or reduced earning capacity, future care needs, home modifications or pain and suffering damages. A claimant needs access to independent medical experts (who are not associated with the insurer) to assess their needs. A claimant also needs time for a final injury assessment. Injuries don’t always present the extent of their reach in the first few months after an accident.
How a compensation lawyer can support you with your CTP claim
A compensation lawyer can ensure your claims are thoroughly investigated and supported by independent medical evidence, assessed by specialists to identify the full impact of your injuries now, and in the future.
Your lawyer can be your guide to put your interests first and pursue settlement negotiations to reflect both current and future losses.
It’s also important to remember that a compensation lawyer will often, despite what Suncorp might suggest, act on a no-win, no-fee basis to help clients pursue claims without any upfront legal costs. In many cases, even after legal fees are deducted, a final settlement is substantially higher than what would have been achieved without legal support.
Attwood Marshall Lawyers – experts in compensation claims
At Attwood Marshall Lawyers, we take on all motor vehicle accident claims on a No Win, No Fee basis.
We are proud to have strong and long-established relationships with respected, independent medical experts who are leaders in their field to assess your needs after a motor vehicle accident.
If you or someone you know has been injured in a car accident and is considering a direct offer from an insurer, we strongly recommend seeking legal advice before proceeding. Your future health and financial wellbeing may depend on it.
Navigating a CTP claim alone can be a costly mistake. Strict time limits apply in motor vehicle accident claims and waiting too long to make a claim could mean you lose your right to all your entitlements.
To discuss your unique circumstances and find out where you stand, please contact our Compensation Law Department Manager, Tyra Hall on direct line 07 5506 8261, email thall@attwoodmarshall.com.au and free call 1800 621 071.
Our experienced team are available for appointments at any of our conveniently located offices at Robina Town Centre, Southport, Coolangatta, Kingscliff, Brisbane, Sydney and Melbourne.
