You don’t need to be legally represented or obtain legal advice in order to make a CTP claim. Your CTP Insurer can help you to lodge and manage your claim and will provide you with information and assistance throughout the process. For more information on CTP Insurer obligations see the Regulator Rules.
However, you can also seek your own legal advice at any stage of your injury claim process. If you are legally represented your CTP Insurer will communicate with your lawyer. You may still receive information from your CTP Insurer – for example, if they are providing details about a medical assessment they have arranged for you to attend or supporting you in your injury recovery.
If the total amount of compensation paid to you by the CTP Insurer for your claim does not exceed $25,000, no legal fees or associated costs can be recovered by you as part of your claim (including disbursements incurred by the lawyer in acting on your behalf such as court filing fees, investigation enquiries, expert medical reports and photocopying). Limitations also apply if your compensation exceeds $25,000.
There will always be a component of any legal fees that won’t be claimable from your insurer. Prior to engaging a lawyer, you should make sure you discuss with them:
- the nature of the work expected to be undertaken
- how you will be charged, including billing methods, expected periodic review of costs incurred, and any additional fees or costs
- an estimate of likely legal costs.
Your lawyer is required to provide you with this information in writing. Further information can be found on the Law Society of South Australia website, including on their Legal Costs page where you can find information on Your Right to Know, Your Right to Challenge Legal Costs and Costs Disclosure.
The Law Society of South Australia can also provide you with further information and details of legal practitioners who practice in personal injury cases and can provide legal advice.