South Coast & Shoalhaven · Working with a compensation solicitor

Mollymook: the first weeks with a compensation solicitor

Engaging a solicitor is a set of practical steps. Here they are, in the order they usually happen.

If a claim check has pointed you towards legal help, the next questions are practical. What will the solicitor ask for, what will you sign, and what changes with the insurer once someone is acting for you? People from Mollymook rarely need to travel for any of it. Meetings generally happen by phone or video, and documents go back and forth by email.

Postcode: 2539

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From first call to a signed agreement

There's a difference between talking to a solicitor and engaging one. A first conversation lets you both work out whether they can help. Engaging them is the step where you agree, in writing, that they'll work on your claim and how their costs will be dealt with. Until you sign that agreement, you're generally free to take your time, ask questions or speak with someone else.

If our claim check suggests your claim needs legal help, we'll connect you with an independent solicitor experienced in motor accident claims. You're under no obligation to engage them, and you can choose someone else. Either way, the steps on this page are much the same. You can also ask any solicitor whether they are an accredited specialist. It's one of several reasonable questions to raise before you engage anyone.

You, your solicitor and the insurer

A common worry is that engaging a solicitor will upset the insurer. It generally shouldn't. Insurers deal with solicitors all the time, and in many claims correspondence simply starts going to the solicitor instead of to you. Decisions are still made under the scheme rules. What changes is that someone familiar with those rules reads each letter before you act on it.

Engaging a solicitor doesn't mean you can't answer your phone. If your case manager calls about payments or treatment, you can generally talk it through as usual. Where a conversation turns to fault, settlement or anything that needs your signature, it's reasonable to say you'd like your solicitor involved and to ask for the request in writing.

Read next:Dealing with your insurer and case manager

How distance plays out for people in Mollymook

Along the South Coast, a solicitor who works on motor accident claims may not be close by. That's rarely a problem: first meetings by phone or video are common, and paperwork can go by post. Whether you live in the Shoalhaven City Council area or anywhere else in NSW, engaging a solicitor for a motor accident claim works the same way: a first meeting, a costs disclosure, a costs agreement, then work on your file.

Region
South Coast & Shoalhaven
Postcode
2539
Distance to Nowra
~52 km
Local government area
Shoalhaven City Council

Do you need a solicitor yet?

Engaging a solicitor makes most sense when something in your claim needs acting on. If the claim is simply running, you may not need anyone yet. These lists are a guide, and a free claim check can help with your own facts.

Often worth talking to a lawyer

  • The accident was a while ago and you're not sure which deadlines have passed
  • An offer has been made and you want someone to read it before you respond
  • You started the claim yourself and it has become too much to manage
  • You'd rather someone else dealt with the paperwork while you focus on treatment

You may not need one

  • Your claim has only just been lodged and nothing has been decided
  • You mainly want a letter explained, which CTP Assist can often help with
  • You've recovered and don't expect ongoing effects

Before a first meeting, check that your Certificate of Fitness is current. If you need a doctor who understands CTP claims, or allied health support, we can suggest doctors and allied health as well.

Not quite your situation?

  • Injured at work rather than on the road? That is usually a workers compensation claim, which runs under different rules from CTP. The free claim check can point you to the right help. Free claim check
  • If you haven't yet worked out what kind of claim you have, or whether any lawyer would help, the compensation lawyer page starts there. Compensation lawyer in Mollymook
  • If your question is how a no win, no fee arrangement works and what might still be payable, the no win, no fee page explains it. No win no fee lawyer in Mollymook
  • For checking a practising certificate, understanding how solicitors are regulated or moving your file to someone new, see the personal injury solicitor page. Personal injury solicitor in Mollymook

What to bring to a first meeting

A little preparation makes the first meeting more useful. Most of these are things you already hold. If something's missing, don't put off the meeting; the solicitor can usually request records once you've engaged them.

  • A copy of any statement you gave the insurer
  • Names and contact details of any witnesses
  • Photos of the scene, the vehicles or your injuries
  • Every letter and decision from the insurer, with the dates you received them
  • Payslips, tax returns or other records of what you earned before the accident
  • Your CTP claim number, if you've lodged a claim
  • The police event number, if the crash was reported

General information, not legal advice. Each solicitor may ask for different documents, and time limits apply.

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When the first meeting happens remotely

Most solicitors who work on motor accident claims are used to meeting clients by phone or video. It suits people who are in pain, can't drive yet, live far away or are juggling treatment. You'll usually be sent a link or a call time in advance. Find somewhere quiet, have your documents nearby, and keep a notepad handy for anything you want to remember.

Many documents can be signed electronically, often by clicking through a secure link. Some forms may still need a handwritten signature or a witness, and the solicitor will tell you if so. You may also be asked to show photo ID on camera so they can confirm who you are. That's a routine step, not a sign that anything is wrong.

Reading the costs paperwork

Before or soon after you engage a solicitor, you should generally receive a written costs disclosure. It explains how the solicitor's costs will be worked out, gives an estimate of the total where they can, and usually sets out what you can do if you have a question or a concern about costs later. It's information rather than a contract, but it tells you what to expect.

Once you're comfortable with the disclosure, you'll usually be asked to sign a costs agreement. This is the contract between you and the solicitor about costs. There's no need to sign it on the day you receive it. Read it in your own time, ask someone you trust to look over it, and write down your questions. A solicitor should be willing to explain any clause in plain English.

Ask for it in writing

If a solicitor answers a costs question by phone, ask them to confirm it by email. A written answer is easier to check later, and it becomes part of your records.

Read next:No win, no fee explained

The first meeting, in practice

A first meeting is mostly the solicitor getting a clear picture of your claim. You'll talk through what happened and where things stand with the insurer, and they'll read the documents you bring and check the key dates. Towards the end, they'll usually say whether and how they can help, how their costs work and what they would do first if you engage them.

You generally don't have to decide anything at the first meeting. It's common to take the costs documents away, read them properly and come back with questions. If you'd like a family member or friend with you for support, that's usually fine; let the solicitor know beforehand. Some people write down the answers as they go, since a lot of information arrives at once.

  • Checks whether any deadline is close
  • Reads the insurer's letters and decisions
  • Notes which records are missing
  • Explains how their costs are worked out

After you sign: the early weeks

Early on, a solicitor builds the file. That usually means requesting medical and hospital records, getting copies of what the insurer holds and has decided, and checking which deadlines apply to your claim. If a decision was made recently, they'll look at whether a review needs to be sought quickly. You'll usually be asked to sign a few authorities to make those requests possible.

A good early plan is specific. It says what the solicitor is waiting on, what they expect to do once it arrives, and whether anything is time-sensitive. It doesn't need to predict how the claim will end, and no one can honestly do that this early. Ask for the plan in writing if it helps you keep track.

  • Signing authorities to release your records
  • A request to the insurer for copies of its file
  • A look at any recent decision you may want reviewed
  • A written outline of the next steps

Read next:Gathering medical evidence for your claim

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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