If the assessment for compensation for pain and suffering exceeds the minimum allowable award (threshold) we will make you an offer of settlement (compensation). Any offer made provides a break down of everything we have included. If you don’t agree with the offer you can discuss it with your case manager and/or make a counter offer.
Once settlement of your claim has been agreed and the appropriate settlement documents have been completed by you and returned to our office, we will process settlement of your claim.
If you have received any benefits from Centrelink, or claimed any medical expenses through Medicare or your Private Heath Insurer, we may have to reimburse those expenses, directly from your settlement, before we can release any settlement funds to you.
Where our assessment of compensation for pain and suffering does not exceed the minimum allowable award (threshold) we will advise you in writing. We will let you know any of the treatment costs we have paid on your behalf and reimburse any proven claim for loss of earning capacity.
Your claim will not be formally finalised if our assessment does not exceed the threshold or there is no entitlement to an allowance for future medical costs.
If you suffer a relapse of your injuries and wish to seek further medical treatment you can, but we will need to establish that such treatment is still the result of the injuries you sustained in your crash.
If you do not agree with our assessment and wish to pursue your claim
further, you should contact us. You must issue Court proceedings to
preserve your claim.
There is a time limit, see FAQ - Is
there a time limit for more information.
Before deciding whether or not the offer we make is adequate, you are invited to discuss any concerns you have with your case manager at the Insurance Commission. If you prefer, you may wish to seek legal advice before responding to the offer.
If you are legally represented, your solicitor may like to hold a settlement conference, to discuss settlement of your claim. We strongly encourage the use of settlement conferences, in order to minimise legal fees, and avoid the need to commence Court proceedings.
A dispute can happen at any point during the management of your claim. For example, you may not agree with our decision on whose fault the crash was or whether certain treatment expenses are reasonable and necessary.
We settle most claims out of Court (without legal proceedings). Court action can be a long and costly exercise and should, generally, be considered as a last resort.
We will make every effort to resolve any dispute directly with you, or your solicitor.
If legal proceedings are commenced, the Court requires that the parties hold a formal settlement conference to discuss, and hopefully resolve, your claim. If the parties are still unable to reach an agreement, your claim will go to trial and the matter will be decided by a judge.