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This investigation concerns the anti-consumer practices of Suncorp and other CTP insurers operating in Queensland in the settlement of injury compensation claims received directly from claimants for much less than the claimant is truly entitled to receive.

The anti-consumer practices under investigation are misleading and deceptive conduct contrary to the Australian Consumer Law and the ASIC Act, as well as breaches of the insurer’s “utmost good faith” obligations under the Insurance Contracts Act.

The damages that Carter Capner Law hopes to achieve for affected consumers is the difference between the full lifetime value of their financial and other losses for which the insurer was responsible and the amount actually received by the claimant.

Because we are conducting the claim on a ‘no-win no-fee’ basis and will be seeking payment of all class action legal costs from the insurers themselves, there is no cost to consumers to participate and no cost to have the full value of their real losses evaluated.

Alleged Deceptive Practices:

• Insurers like Suncorp have allegedly encouraged injury victims to settle claims directly through their websites without legal advice, leading to settlements far below the true value.
• Early settlements are being pushed before proper medical evaluations can be conducted, which significantly lowers the compensation victims receive.

Example of Alleged Conduct by CTP Insurers:

In one instance, Suncorp allegedly encouraged a car accident victim to settle their injury claim directly without seeking expert advice. The victim, who sustained significant injuries, was offered a settlement within just a few months of the accident. This early settlement was based on minimal medical evaluation, and the victim later discovered that their permanent impairment would significantly affect their quality of life.

Had the victim waited for a comprehensive medical assessment 12 months after the accident, their claim would have – on any fair assessment – resulted in significantly higher compensation, considering long-term treatment needs and lost future earnings. By settling early, the victim was under-compensated by tens of thousands of dollars in net damages compared to what they would have been entitled to had expert advice.

Other Alleged Practices:

• Offering settlements before victims can complete a full medical evaluation, leading to under-compensation.
• Failure to inform victims of the wide availability of expert advice, resulting in victims unknowingly accepting settlements that undervalue their claims.

Compare: Insurer’s Direct Offer vs. Evaluation by Injury Compensation Expert

Each of the following features of every CTP insurer-direct settlement notified to us will be scrutinised.

Feature	Insurer’s Direct Offer	Expert Evaluation
Timing of Settlement	Often pushes for early settlement, typically within months.	Waits for full medical evaluation, often 12 months post-injury to assess long-term impact.
Evaluation of Compensation	Based on initial injury reports, usually without specialist input.	Comprehensive evaluation of medical reports, specialist assessments, and long-term impacts.
Specialist Medical Assessments	Minimal or no involvement of independent medical specialists.	Involves independent medical specialists to forecast permanent lifetime income impairment and future needs.
Future Medical Costs	May not include compensation for ongoing medical treatment or rehabilitation.	Includes lifetime future medical costs, rehabilitation, and long-term care if necessary.
Income Loss Assessment	Typically based on short-term income loss, without considering long-term impact.	Includes lost wages, loss of future earning capacity, and potential career changes.
Permanent Impairment Consideration	Often overlooked or undervalued in quick settlements.	Assessed after a significant recovery period to determine permanent impairment and its effect on quality of life.
Legal Advice and Rights	No obligation to inform victims about the option to seek legal advice.	Fully informed of rights, legal options, and maximum compensation entitlements.
Negotiation Leverage	Victims negotiate directly with the insurer, often at a disadvantage.	Injury experts negotiate using legal expertise, medical knowledge and experience in similar cases.
Fairness and Transparency	Insurers have a business model focused on minimizing payouts.	Injury experts ensure fair compensation, focusing on the victim’s best interest.
Release of Liability	Victims sign a release barring any future payment, regardless of future deterioration.	Injury expert accepts responsibility for recommending compensation sum, considering all future implications.
Settlement Amount	Typically far lower and designed to settle claims quickly.	Higher, to accord with their duty to secure proper compensation that reflects the true value of the claim, including long-term impacts.

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Comparison: Summary

• Insurer’s Direct Offer: Often pushes for a quick settlement, typically based on initial assessments, leading to lower compensation that may not account for long-term needs or permanent impairment.
• Expert Evaluation: A comprehensive approach, waiting for full medical recovery, evaluating long-term impacts, and negotiating to secure a settlement that covers all damages, including future medical costs, income loss, and permanent impairment.

Key Concerns Being Investigated:

• Misleading and deceptive conduct by CTP insurers in encouraging early settlement.
• Failure to advise victims of of the prudence to seek specialist medical evaluation and expert injury compensation legal advice before settling claims.
• The financial impact on injury victims who have settled for less than their full entitlement.

“Many car accident injury victims have settled claims directly with their insurer, only to discover later that their true compensation entitlement was much higher.”

– Carter Capner Law

Potential Compensation:

If you have settled a car accident injury claim directly with a CTP insurer, you may have been misled and under-compensated. Carter Capner Law is preparing a class action to recover the full compensation to which you are entitled under Australian Consumer Law and the Insurance Contracts Act.

How to Participate:

If you or a family member settled an injury claim with a CTP insurer, you may be entitled to further compensation. Register your interest to receive advice on your rights and join the class action led by Carter Capner Law.

By filling out an Expression of Interest (EOI) form, affected consumers can register to stay informed about the class action’s progress and explore their options for compensation due to the deceptive pricing practices. For more details on privacy and data collection, please visit Carter Capner Law.