12 December 2025

We regularly receive complaints about lawyers who act in motor vehicle accident claims. As the regulator of Victoria’s legal profession, we want to remind lawyers of their professional, ethical and legal obligations, and be clear about what type conduct we don’t want to see.

The complaints we receive usually relate to ‘car napping’ – a practice that can happen after a car accident. Typically, a business will offer the driver who’s not at fault 'free' services – such as towing, repairs or a hire car – saying that the costs for those services will be claimed from the at fault driver or their insurer.

Lawyers will usually be engaged through an ‘Authority to Act’ or similar form that the business gives the person to sign. Many people we hear from say they didn’t realise the form authorised a lawyer to act on their behalf, and that legal work – such as starting court proceedings or settling the claim – was undertaken without their knowledge.

This conduct is unacceptable. It has led to us taking regulatory and disciplinary action, including prosecutions in the Victorian Civil and Administrative Tribunal, each of which has resulted in findings of unsatisfactory professional conduct or professional misconduct.

We will not hesitate to investigate complaints and take action, where appropriate – including where lawyers accept an ‘Authority to Act’ or similar form as a standing authority to act without taking any further steps.

Our updated guidance for lawyers acting in these claims includes the professional, ethical and legal obligations they must meet, our minimum expectations and unacceptable practices.

Access the guidance, and read more about this key risk area in our current Risk Outlook.