When you’ve been involved in a car accident, one of the first decisions you’ll need to make is whether to handle your claim directly with the insurance company or to hire a car accident lawyer. While it may seem like a straightforward process to go directly to the insurer, this choice could significantly impact the outcome of your claim.
Understanding the risks and benefits of each option is crucial to making an informed decision.
Why Engage a Car Accident Lawyer?
When it comes to filing a car accident claim, hiring a lawyer can make a significant difference in the outcome. Let us explain why.
Expertise in Navigating the Legal Process
A Queensland car accident lawyer has in-depth knowledge of Queensland’s compensation laws, as well as experience with the nuances of personal injury claims. They understand the legal framework surrounding car accidents and can guide you through the process, ensuring all legal deadlines are met and all required paperwork is filled out and filed correctly.
Expertise in Compensation Assessment
Insurance companies are not Santa Claus. Insurers will invariably do their best to undervalue your compensation. After all, it is in their own best interests to limit how much money they are paying out of their reserves!
A car accident lawyer is best placed to value the full extent of your compensation claim, including pain & suffering, out of pocket & medical expenses, past and future rehabilitation, past and future lost income, narrowing of employment options, loss of job opportunities, and past and future care and support. By understanding all of the potential types of compensation, how they are calculated and what evidence is required to prove each part of your claim, a car accident lawyer ensures you are not short-changed in your settlement.
Expertise in Proving Your Claim
A court ultimately determines the compensation payable to a claimant based on the evidence provided to it. A court is unlikely to compensate you fully, adequately or at all if you do not have evidence (generally independent) proving what your losses and expenses have been and will be as a result of your car accident. Insurers know this. As a result, the insurers will likely not offer or include compensation for types of loss and damage if a self-represented person either does not claim them or demonstrates that they have any idea how to quantify and prove the amount claimed. For further clarification, you can refer to the case example detailed later in this article.
Self-represented individuals with limited experience often find it challenging to know where to begin in gathering the necessary evidence or information. For example, did you know that the assessment of pain and suffering follows a process outlined in regulations from a separate piece of legislation, distinct from the Motor Accident Insurance Act 1994?
Assembling the necessary evidence to prove the quantum of each type of compensation claimed, in accordance with various legislative requirements, is the specialty of an experienced car accident lawyer. Insurers, when confronted with a claim that is properly identified, particularised, quantified, and supported by evidence, will typically be more inclined to offer a higher settlement than when a claim lacks certain losses, is poorly articulated, or is made without the necessary supporting evidence.
Stronger Negotiation Skills with Insurers
Insurers often push for quick settlements, which may not reflect the true value of your claim. The speed likely dissuades a claimant from seeking a legal opinion on the adequacy of the insurer’s settlement offer until it is too late and the settlement cannot be undone.
A car accident lawyer will act as a powerful advocate, negotiating on your behalf to secure a fair settlement. They know how to present evidence and legal arguments effectively and challenge any low offers made by insurers. With a car accident lawyer, you are less likely to feel compelled to accept a take-it-or-leave-it settlement, which is likely inadequate (see the data below).
Experience with Complex Cases
If your case involves complex issues, such as disputes as to the cause of the accident or serious injuries that will take you a long time to recover from, having an experienced car accident lawyer on your side can be very important. Again, an experienced car accident lawyer knows what evidence to look for to prove you were not at fault, and how to quantify compensation in cases where your medical recovery (and ability to return to work, and in what capacity) may be uncertain until well into the future.
Peace of Mind
Dealing with the aftermath of a car accident can be stressful. By hiring a car accident lawyer, you are allowing a professional to take care of the legal complexities while you focus on your recovery. Knowing that an experienced car accident lawyer is working in your best interests gives you peace of mind, allowing you to navigate the recovery process with less stress.
The Risks of Going Direct to the Insurer
While going directly to the insurer of the at-fault driver may seem like an easy and quick way to settle your claim, there are significant risks involved in conducting a car accident claim without legal representation.
Quick Settlements Often Mean Lower Payouts
There is no doubt that insurers resolve claims with self-represented claimants far quicker than with represented claimants. But why (if at all) is that a positive? Car accident lawyers would say that a quick settlement with a self-represented claimant generally results in that claim being undervalued.
Consider the data published by the Motor Accident Insurance Commission (MAIC) – Heads of damage breakdown—motor accident personal injury register – Compulsory Third Party (CTP) statistics – Open Data Portal | Queensland Government.
In the 2024 financial year, between ¼ and ⅓ of all claimants chose to self-represent and deal directly with insurers. Finalised claims included payment for treatment and medical expenses in 8,536 cases; however, compensation for pain and suffering was only paid in 7,542 cases, and compensation for economic loss was provided in just 6,722 cases. The only scenario where a claim should resolve without compensation for pain and suffering is if the injury from the car accident fully resolves, leaving the claimant pain-free and asymptomatic. This is rare, as indicated by the 12% of cases where pain and suffering compensation was not paid. In cases where pain and suffering were compensated, it represented 12.2% of the total payments made in 2024.
So, it certainly appears that the reduced number of finalised claims involving payment of pain & suffering and economic loss reflects settlements involving self-represented claimants, who have resolved without claiming one or both of these types of damages.
Insurers are aware that claimants may be eager for or tempted by the prospect of quick financial relief after an accident. As a result, they often offer fast settlements to self-represented claimants. However, settling quickly and directly with an insurer typically means accepting less than what you are truly entitled to. This approach may also leave claimants financially exposed in the future. In Queensland, compensation for car accidents is a once-and-forever payment, meaning that a settlement involves a binding agreement that prevents the claimant from seeking further compensation for the same accident, even if future treatment or loss of employability is related to the car accident.
Undervaluation of Your Claim
Insurers are for-profit companies. They make money by taking in insurance premiums, making money through investment of those premiums and paying out compensation less than the paid premiums and investment profits combined. Insurers do not make profits by paying out the maximum correct value of a claim as early as possible. So, an early settlement can only be profitable to an insurer if it is at an amount less than the claim is likely to be worth if it were to proceed to trial at a later date. A car accident lawyer, through their knowledge and expertise, can advise whether an insurer offers proper and reasonable values for your claim at whatever stage of the process it is made.
Failure to Account for Non-Economic Damages
Insurance companies may focus on tangible costs like medical bills and repair expenses, but they may overlook more abstract yet critical aspects of your claim, such as pain & suffering, emotional distress, and loss of enjoyment of life. A car accident lawyer knows how to properly assess and include non-economic damages in your claim, ensuring you are compensated for all aspects of your injury.
Complexities in the Claim Process
Car accident claims often involve complex issues such as liability disputes, long-term medical conditions, and determining the full extent of injuries. Insurance companies may try to simplify the situation to their advantage. Without legal expertise and assistance, you may not fully understand the legal complexities or how to navigate them. A car accident lawyer can identify key legal issues and ensure that all evidence is presented effectively to support your claim.
Risk of Delays or Denials
If you choose to go directly to the insurer, you must understand that they are not obliged to advise you as to the full scope of your legal rights. Most importantly, insurers are not obliged to make or keep you aware of limitations or entitlement issues which may disentitle a self-represented claimant from obtaining compensation. Working with a car accident lawyer ensures that your rights will be properly protected and that you will not lose your entitlement through expiry of any limitation period, which would otherwise entitle the insurer to deny your claim.
What to Expect from a Car Accident Claim Lawyer
If you decide to hire a car accident lawyer, it’s important to know what the process will look like.
Initial Consultation
The first step is a consultation, which is often free of charge. During this meeting, the car accident claim lawyer will gather details about your accident, your injuries, and the circumstances surrounding the incident. They will also explain the claims process, your legal rights, and how they can help.
This is a great opportunity for you to ask questions and understand the car accident claim lawyer’s approach to handling your case.
Investigation and Evidence Gathering
Once you decide to proceed with your claim, the car accident claim lawyer will begin gathering the necessary evidence to support your case. This may include:
- Medical records: To document the extent of your injuries and ongoing treatment.
- Accident reports: To clarify the details of how the accident occurred.
- Witness statements: To corroborate your account of the accident.
- Third-party liability evidence: To corroborate your account of the accident or prove the involvement of an otherwise unidentified vehicle. This might take the form of obtaining third-party CCTV video or the expert car accident engineer’s report.
- Expert opinions: To assess the long-term impact of your injuries and any resulting financial costs and consequences, such as specialist medical, allied health, financial and employment evidence.
- Vehicle damage assessments: To evaluate the damage to your vehicle, which can help substantiate your claim.
Claims Preparation and Negotiation
Once the necessary evidence is collected, your car accident claim lawyer will quantify your claim and commence negotiations. This involves:
- Calculating your compensation: The lawyer will assess both economic (e.g., medical costs, lost wages, lost employment opportunity) and non-economic damages (e.g., pain and suffering, emotional distress, loss of amenities and enjoyment of life).
- Calling a Compulsory Conference and submitting offers of settlement: Your lawyer will trigger the requirements under the legislation and call a Compulsory Conference with the Insurer. At the Compulsory Conference, your car accident claim lawyer will present your claim to the insurer, detailing all damages and supporting evidence and make offers to settle your claim for an acceptable amount of compensation.
- Negotiating with the insurer: Your car accident claim lawyer will handle negotiations with the insurer on your behalf. They will work to ensure you achieve a fair and reasonable settlement and will push back against low offers or settlement tactics aimed at undervaluing your claim.
Timeline of the Claims Process
The time it takes to resolve a car accident claim can vary depending on the complexity of the case. In straightforward cases, a settlement could be reached in a matter of months. However, more complex cases involving significant injuries or disputed liability may take longer to resolve.
For example, most medical experts who assess residual physical or mental impairment recommend against making such an assessment until at least 10 months post accident, with their assessment and reporting processes typically taking 1 – 2 months. As a result, it is all but impossible to properly prepare the required medical evidence to support a properly evidenced and quantified car accident claim inside 12 months post accident.
So, if you are self-representing against the Insurer and settling your claim inside 12 months of your accident without the benefit and evidentiary support of expert medical evidence (and other expert evidence that takes time to obtain), you are likely to be fast-tracking your claim to resolution for an undervalued amount.
Your car accident claim lawyer (if you engage one) will keep you informed throughout the process, providing regular updates on the obtaining of supporting evidence and setting expectations regarding timelines while you focus on your rehabilitation and getting your life back on track. Your car accident claim lawyer will also advise you on whether to make or accept a settlement offer, to continue pursuing further negotiations or to proceed with legal proceedings due to the insurer’s ongoing denial of fault and your entitlement to compensation.
Litigation (If Necessary)
While most (99%) of car accident claims are settled out of court, some cases may require litigation if a fair settlement cannot be reached because the insurer denies fault for the accident or refuses to accept that you have suffered the injuries and consequences you allege to flow from the car accident. If this happens, your car accident claim lawyer will prepare the necessary court documents to progress your claim into litigation and to represent you in court. The car accident claim lawyer will prepare all necessary legal proceedings and documents, further prepare your case, and engage a specialist courtroom barrister to present your case against the insurer for compensation before a judge in court to ensure you receive the court-ordered compensation you deserve.
While litigation is typically a last resort, having a car accident lawyer with court/ litigation experience gives you peace of mind that your case will be handled professionally and competently, no matter how complex your case is.
Final Settlement
Once your claim is resolved, either through negotiation or litigation, your car accident lawyer will ensure that you fully understand the terms of the settlement and how much compensation you will receive before you sign anything.
Self-Represented Case Example
To help illustrate the potential adverse consequences of self-represented claimants dealing with insurers over a car accident claim, the recent case of Ford v Baker & Another [2025] QDC 43 provides some sobering lessons.
Mr Ford was initially represented by a personal injuries law firm, but terminated their retainer and proceeded to trial representing himself. It was accepted that he had suffered a significant orthopaedic injury (assessed by the insurer’s medical expert at 12% whole person impairment). After a two-day trial in the Queensland District Court in March 2025, the Court made the following comments and observations in delivering judgment:
“[7] The plaintiff was self-represented. The evidence in the trial was brief. The plaintiff’s case consisted of himself and two lay witnesses. Importantly, the plaintiff did not call any expert witnesses …. The trial had previously been adjourned …. to allow the plaintiff to call expert witnesses and to consider obtaining legal representation. It was raised with the plaintiff …. that the (insurer) required any expert relied upon by the plaintiff for cross-examination. The plaintiff ultimately determined that he would represent himself and proceed to trial without calling any expert witnesses.
[10]The plaintiff bears the onus of proof to satisfy the court on the balance of probabilities that his claim should be accepted. I did not find the plaintiff to be a credible and reliable witness. His evidence in this court was internally inconsistent, particularly in relation to his physical health prior to the accident and as to the level of care he required and received both prior to the accident and subsequently. His evidence was also inconsistent with the GP records and his self-report to the experts….
[13]The plaintiff pleaded, in addition, that he suffered a psychological injury as a result of the accident. He did not give evidence of this at trial and no expert evidence was called that the plaintiff suffered a psychological injury as a result of the accident. I am not satisfied that the plaintiff suffered a psychological injury.”
Mr Ford sought $2,857.96 for past out-of-pocket medical and pharmaceutical expenses, but was allowed only $1,107.96 (largely a Medicare refund) in the absence of provided evidence.
Mr Ford sought $90,217.00 for future medical and allied health expenses without supporting evidence. In the absence of evidence, the Court awarded him $3,000.00 for future medical and associated expenses.
Mr Ford claimed the amount of $40,000 for past care and assistance, giving evidence on his own behalf and calling a lay witness in support. The Court preferred the expert evidence on behalf of the insurer, while noting a certain amount of inconsistency which crept into Mr Ford’s evidence, and made no order for compensation.
Mr Ford claimed $147,545.00 for future care and assistance. The Court was not satisfied that the claim was substantiated and made no order for compensation.
No evidence led to substantiate a claim for past or future economic loss, and again, no order for compensation was made.
Get the Compensation You Deserve
If you’ve been involved in a car accident, it’s crucial to understand your legal options and the risks of going directly to the insurer. While insurers may offer quick settlements, it is in their interest to undervalue your claim, leaving you with less than you deserve. A car accident claim lawyer can help you navigate the complexities of the claims process, ensure that your rights are protected, and that you receive fair, reasonable and appropriate compensation.
Contact Rin Kim Law today for a free, no-obligation consultation with a car accident claim lawyer. We’ll assess your case, answer your questions, and help you determine the best path forward to secure the compensation you deserve in the circumstances.
