Lower North Shore & Ryde · No win, no fee explained

Lane Cove North: questions to ask a no win, no fee lawyer

Explained, not promised: what the phrase generally means, what may still be payable and what to get in writing.

Many motor accident lawyers offer arrangements described as no win, no fee, but the terms aren't standard. Before you sign anything, ask for the costs terms in writing and read them closely. People in Lane Cove North can also start with our free, no-obligation claim check, which looks at whether your claim needs a lawyer in the first place. Plenty of CTP claims never do, and then the costs question doesn't arise.

Postcode: 2066

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What “no win, no fee” generally means

Many motor accident lawyers offer terms described as no win, no fee. It's a way of structuring fees so that more of the risk of an unsuccessful claim sits with the lawyer. It doesn't mean legal help is free, and it doesn't mean every cost disappears. Think of the phrase as the heading on a set of terms, then read the terms underneath it.

Regulated costs and what they mean for you

A NSW CTP claim has its own costs rules, and they apply whatever a lawyer's arrangement is called. Maximum legal costs are set by the Motor Accident Injuries Regulation and indexed each year. In a statutory benefits claim, costs are recoverable only where the Regulation or the Personal Injury Commission allows, and for some disputes they can't be recovered at all. A no win, no fee arrangement has to fit around those rules.

If your questions are about statutory benefits and your accident was on or after 1 December 2017, the free CTP Legal Advisory Service may answer them without any costs arrangement. You can ask CTP Assist (1300 656 919) to put you through to it. Its limits matter: no damages claims, no older-scheme claims, and nothing that's already in internal review or before the Commission. Beyond those limits, the costs questions on this page come into play.

Read next:What does a CTP lawyer cost?

Costs questions for people in Lane Cove North

Royal North Shore Hospital and Ryde Hospital records may be requested during a claim. Ask any lawyer whether the cost of records and medical reports comes out of the claim, is billed to you, or both. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Lane Cove Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. From Lane Cove North, the Sydney CBD is roughly 8 km away. That doesn't limit whose costs terms you can compare. Written terms can be emailed, lawyers can explain them by phone or video, and our claim check is by phone and online.

Region
Lower North Shore & Ryde
Postcode
2066
Local government area
Lane Cove Council
From the Sydney CBD
~8 km
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Before you sign: the costs questions that matter

A no win, no fee arrangement is only as clear as its written terms. These questions help you find out what you'd pay in each outcome. Ask them of any lawyer, and get the answers in writing.

  • What counts as the claim succeeding under this agreement?
  • What happens to costs if I end the agreement before the claim finishes?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • Can I have an estimate of total legal costs, in writing?
  • Is there a cooling-off period after I sign?
  • Can I take the agreement away and read it before signing?

General information, not legal advice. Costs terms differ between lawyers, and legal costs in CTP claims are regulated. Rely on the written terms you're given.

Lawyer or not? Settle that first

Plenty of CTP claims run from start to finish without a lawyer, which makes no win, no fee beside the point. Others clearly need legal help. These lists give a rough guide to each.

Often worth talking to a lawyer

  • The insurer has refused your whole claim
  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • Fault is contested, and it decides whether damages are possible
  • A damages claim looks possible, so legal costs are likely to be part of the picture

You may not need one

  • One declined treatment request can be sorted out with a report from your doctor
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • Your question is general, and CTP Assist can answer it for free

Sometimes the real gap is medical, not legal. If your Certificate of Fitness or treatment records are thin, we can point you to doctors and allied health experienced with CTP claims, with no costs agreement involved.

Not quite your situation?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and we can point you to the right help. Free claim check
  • If you've decided to engage a solicitor and want to know about the first meeting and the costs documents, the compensation solicitor page covers them. Compensation solicitor in Lane Cove North
  • If the bigger question is whether a CTP lawyer is worth it for your claim at all, the CTP lawyer page answers that first. CTP lawyer in Lane Cove North

How to compare costs arrangements fairly

Line the written terms up side by side. Where one lawyer's terms are specific and another's are vague, ask the second to be specific too. If an answer changes between a phone call and the written terms, go by what's written and ask why. It's reasonable to take a few days to compare before you commit.

Same label, different terms

Two arrangements can both be called no win, no fee and still differ on disbursements, on what counts as success and on what comes out at the end. Compare the terms, not the label.

Put the arrangement on paper

Whatever a lawyer tells you about no win, no fee, the written terms are what count. Look for a clear statement of what happens to costs in each outcome, how success is defined, and whether disbursements are paid as you go, at the end, or only if the claim succeeds. Keep a copy, and note the date you received it.

Keep a copy

Store the written terms with the rest of your claim documents. Checking a later bill against what you signed is much easier when the agreement is to hand.

Disbursements and other costs to ask about

The lawyer's professional fees are one thing. Disbursements are another. These are costs paid to others as the claim goes on, such as fees for medical reports or for obtaining records, and they can add up in a claim that needs expert evidence. Ask whether you may be asked to pay them if the claim doesn't succeed, and whether you'd pay as you go or at the end.

  • Fees for medical reports
  • Charges for obtaining hospital or treatment records
  • Courier, copying and similar office costs

Start with a free claim check

Here's the only promise we make about cost: our claim check is free, and there's no obligation. We look at where your claim is up to and tell you what help it needs. Sometimes that's an independent lawyer, and then the costs questions on this page matter. Often it's a doctor, CTP Assist or simply a clear next step, and no costs agreement is needed.

Read next:How our claim check works

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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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