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Do I need a car accident lawyer?
Not to start a CTP claim: Queensland’s and South Australia’s regulators both say you can deal with the insurer yourself, and you can seek legal advice at any stage. Queensland’s regulator suggests advice may be in your interests when a claim is complex or disputed. Other moments the schemes point to are lump sum claims, disputes and settlement.
General information, not legal advice. This page describes what the schemes and law societies publish. A lawyer can tell you whether advice is worth it in your own claim.
What the schemes say
| State | In the scheme’s words, shortened |
|---|---|
| QLD | You don’t need a lawyer and can deal with the insurer directly; if a claim is complex or disputed, it may be in your best interests to seek legal advice, at any stage. |
| SA | You don’t need a lawyer to lodge or manage a CTP claim, but can seek advice or hire one at any stage. If you have a lawyer, the insurer will mostly communicate with them. |
| NSW | CTP Assist (1300 656 919) helps people through the claims process, and the CTP Legal Advisory Service gives free legal advice for certain matters. For a lump sum claim, SIRA says you may consider consulting a lawyer or the Law Society of NSW. |
| TAS | For common law compensation, the MAIB recommends legal advice to find out whether you have a right to claim, and says to seek it without delay because time limits apply. |
| ACT | A free Defined Benefits Information Service (1300 209 642) gives information and help with applying for defined benefits. |
For Victoria, Western Australia and the Northern Territory, this guide found no statement on the scheme pages it checked. Ask the TAC, the Insurance Commission of WA or the MAC Scheme directly.
Where people commonly seek advice
The schemes point to the same few moments, and they are worth knowing before they arrive:
- A disputed or complex claim. Queensland’s regulator names these as the cases where advice may be in your best interests.
- A lump sum, or common law, claim. These turn on fault, injury thresholds and evidence; in NSW, SIRA says you may be eligible if your injury is more serious than a threshold injury and you were not mostly at fault.
- A decision you disagree with. In NSW you have 28 days after a decision to ask the insurer for an internal review, and can then apply to the Personal Injury Commission.
- A settlement offer. In Queensland, accepting a settlement finalises the claim, and you can no longer claim for injuries from that accident. The regulator lists seeking legal advice if required among a claimant’s responsibilities here, because settlements are final.
What a lawyer does in a CTP claim
The Law Society of NSW lists the ways a solicitor can help after a motor vehicle accident:
- advising whether to claim for benefits or compensation, including the time limits that apply
- collecting the information needed and helping complete the claim form
- helping resolve disputes with the insurer
- helping settle a damages claim out of court, or starting tribunal or court proceedings where it can’t be settled
- arranging expert witnesses, including doctors
- advising on the medical and claims assessment procedures
Once a lawyer is acting for you, the insurer will mostly deal with them, though you can still contact the insurer yourself. In Queensland, if you have a lawyer, they negotiate any settlement with the insurer for you.
Who pays the legal costs
Usually you. Under a no win, no fee agreement, the lawyer is usually paid once the claim succeeds, by deducting their costs from the settlement money. Part may be recovered from the insurer if the claim is large enough; two schemes publish the thresholds:
| State | If the claim settles for | What you may recover |
|---|---|---|
| QLD | below $58,090 | No legal costs or disbursements from the insurer |
| $58,090 to $96,870 | Some legal costs and disbursements, up to $4,860 | |
| above $96,870 | Standard legal costs and disbursements | |
| SA | more than $25,000 | Part of your legal fees |
| $25,000 or less | Nothing: you pay the legal fees yourself |
The Queensland figures, as at October 2026, apply to accidents between 1 July 2025 and 30 June 2026; the thresholds are set each July and the ones that apply depend on the date of the injury. Check MAIC’s legal advice page and the SA CTP Regulator’s page for current figures.
Even without a lawyer, Queensland claimants may be able to recover reasonable disbursements, such as the cost of a medico-legal report, with receipts to prove them. How lawyers usually charge in these claims is covered in no win, no fee agreements.
The calls you didn’t ask for
After a crash some people are contacted by strangers offering to start a claim. Queensland’s regulator calls them car crash scammers, or claim farmers, who may sell your personal information to others, including law firms. It is illegal in Queensland to contact you this way for a CTP claim, or to pay or receive money for referring claims.
Queensland builds two checks into every claim. You sign a claimant certificate saying whether anyone pressured you into claiming, and a lawyer acting for you must complete a Law Practice Certificate confirming they weren’t involved in claim farming and that their fees follow the rules.
In Western Australia, the Insurance Commission describes the same pattern as claims harvesting, including tow truck drivers, mechanics and car hire companies passing on details for payment, and asks people to report it.
Finding and checking a lawyer
- The Law Society of NSW has a Find a lawyer service.
- In Victoria, the Victorian Legal Services Board + Commissioner keeps a register of lawyers, and suggests questions to ask about costs at your first meeting.
- In Queensland, MAIC points to the Legal Services Commission’s guidance on choosing a lawyer and to the Queensland Law Society.
- In South Australia, the Law Society can help find a lawyer experienced in personal injury, and the Legal Services Commission gives free general legal advice.
Before hiring anyone, the SA regulator suggests asking how they will charge you, including any additional fees, and for a total estimate of legal costs. One Queensland detail to know first: engaging a lawyer can bring your claim deadline forward, to one month after your first meeting. See claim time limits.