Meeting a compensation solicitor, Warilla: step by step

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.

Expect the first meeting to feel more like a structured conversation than an interview. The solicitor needs enough of the story to judge whether they can help, and enough of the paperwork to spot any deadline that's close. They'll often take notes as you talk and ask to keep copies of your documents. It's also your chance to ask how they would approach the claim.

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.

• Confirms the accident date and which rules apply
• Reads the insurer's letters and decisions
• Explains how their costs are worked out
• Outlines what they'd do first if you engage them

A costs disclosure is the solicitor's written explanation of how they'll charge. In most cases it describes the basis of their fees, an estimate of what the matter may cost overall, and other expenses that may come up along the way, such as medical reports. Read it carefully even if it looks like standard wording. If an estimate or term doesn't make sense to you, ask before going further.

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.

Once you engage a solicitor, they'll usually tell the insurer that they're acting for you. From then on, most letters and requests about the claim will generally go through them. That doesn't cut you off from the insurer entirely, and it doesn't mean you stop receiving payments or treatment approvals. It simply means the formal side of the claim now has someone checking 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.

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.

If you'd prefer to meet in person, ask. Some solicitors can arrange it, although it may mean travelling. For most people, though, a phone or video meeting followed by documents sent electronically is simpler. Keep copies of everything you sign and send, in one folder or email thread, so you can find them again quickly.

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.

By the end of the first few weeks, you should generally have a clearer idea of the plan. That might include which records are still to come, which decisions could be challenged, what medical evidence may be needed and when the next contact will be. If you haven't heard anything about next steps, it's reasonable to ask. A short email is usually enough.

• Requests to hospitals, your GP and treating practitioners
• A request to the insurer for copies of its file
• A check of every deadline that applies
• A look at any recent decision you may want reviewed