Your Rights to Making a Road Accident Claim
If you have you been injured or contracted an illness as a result of an accident involving a motor vehicle (car, motor bike, bus or truck) then you may be entitled to make a claim and be compensated under the Compulsory Third Party (CTP) Insurance SA Scheme which is administered by the Motor Accident Commission (MAC) SA.
If the accident was not your fault or you are a child under the age of 16, you may be entitled to make a Compulsory Third Party (CTP) Insurance claim for personal injury compensation. If you have been in an accident and deemed to be more than 25% responsible, you will be liable to pay an excess should someone lodge an injury claim against the accident.
If you have been injured in an accident and are eligible to make a CTP claim, your claim may be reduced if you:
- Were not wearing a seatbelt
- Were not wearing a helmet while riding a motorbike, scooter or bicycle
- Were riding in the back of a van or ute
- Were deemed to have contributed to the crash
- Your driver had consumed alcohol or drugs
- Instances also exist where you will not be entitled to make a claim (e.g. if the injury was caused as a result of your own negligence, hoon activity or illegal activity).
You can be sure that you will receive the right advice on making a valid claim at Nick Xenophon & Co. Lawyers. If you are not sure what your rights are then it is strongly recommended that you contact our office. Your first consultation is free. Click here for more information.
The Claims Process & Timely Reporting
If you have suffered a road accident injury, the first thing to do is Report the Incident to Police within 24 hours.
If your Vehicle is Damaged, contact your insurance company.
You can report certain crashes online instead of reporting the collision at a police station. While drivers are still required by law to report crashes involving death or injury to police within 90 minutes, other crashes may now be reported online, particularly those where no one has been injured and that involve less than $3,000 damage. To report a crash online and to understand the report criteria, visit www.reportacrash.police.sa.gov.au.
Then, you must seek immediate Medical Attention if you have any pain, discomfort or injuries.
The next important step is to Seek Legal Advice from Nick Xenophon and Co Lawyers to discuss your Vehicle Accident Claim, particularly if the accident was not your fault and the injury you have suffered is permanent and / or your injury is a result of negligence.
- Lifetime Support: If you are entitled to a claim, reasonable medical treatment and past income can be compensated. The new Lifetime Support Scheme introduced from 1 July, 2014, will provide life-time treatment, care and support for those who are catastrophically injured in motor vehicle accidents in South Australia regardless of who was at fault.Children under the age of 16 years, who are injured in a motor vehicle accident in South Australia, will have the cost of their treatment, care and support paid for regardless of who was at fault for the crash.
- Time off work: Compensation for loss of income during recovery will be paid at the rate of 80% of lost earnings and exclude the first week.
- Compensation for other losses: Compensation for other losses such as Non-Economic Loss, Voluntary Services provided by family members and Future Economic Loss will be subject to thresholds. These thresholds may be assessed based on a report from an independent accredited health professional. The nature and severity of injuries will be measured against an Injury Scale Value (ISV) table.These thresholds will reduce the level of lump sum payments for damages paid for minor claims. There are cases where individual circumstances may qualify for a lump sum where the threshold is not met, but it is considered that these situations will be limited to exceptional circumstances where the application of the threshold would be harsh and unjust.
Talk to us
Nick Xenophon & Co. Lawyers will help you through this often confusing and complicated motor vehicle accident compensation legal system, so that you can focus on your health and rehabilitation without the added stress. Your first consultation with one of our expert work injury lawyers is absolutely FREE and we can also discuss the option of a NO WIN-NO FEE arrangement.
Call us now to talk about your work injury matter on a no obligation basis.
You have nothing to lose and everything to gain. If you would like more information about how long your car accident injury case will take please don’t hesitate to get in touch with us either by submitting an online enquiry or by calling us direct on 08 8336 8888.