If you or your child are injured in a motor vehicle accident in South Australia, you may be entitled to compensation.
South Australian CTP (Compulsory Third Party) Insurance is designed to assist people who are victims of accidents where a South Australian registered vehicle was at fault.
The insurance protects culpable drivers from having to cover medical costs and compensation that could run into hundreds of thousands of dollars.
And it compensates drivers and passengers of cars, motor cyclists, riders of scooters, bicycles and pedestrians who suffer as a result of accidents which are not their fault.
It may also compensate some of the above who are partly at fault.
But there are conditions which must be met and there are some instances where people will be ineligible to claim.
What CTP insurance may cover
You may able to make a claim for compensation if:
- You or your child are injured in a crash where a South Australian registered vehicle was at fault.
- You were the passenger in a South Australian registered vehicle that crashed and no other vehicle was involved, even if the driver was at fault.
- You were the driver or rider of a South Australian registered vehicle that crashed and no other vehicle was involved, and you were not entirely at fault.
If the other vehicle is unknown or uninsured:
You may be able to make a claim against the Nominal Defendant Scheme. CTP Insurance has covered this since 1 January 2017.
If a child under 16 is injured:
CTP insurance covers costs of reasonable treatment, care and support regardless of whether the vehicle was South Australian. If a vehicle is unknown, the Nominal Defendant Scheme will cover those costs.
If you sustain very serious injuries:
You may be eligible for the Lifetime Support Scheme (LSS) which offers support based on the seriousness of injuries and regardless of insurance, age and fault. To ascertain your eligibility for this scheme, it is important to talk to an experienced personal injury lawyer.
What CTP insurance will not cover
CTP insurance is unlikely to:
- Fully compensate anyone who contributes to their own injuries – for example, someone not wearing a seatbelt or acting in a reckless manner.
- Cover an injured driver who is 100% at fault
- Cover anyone injured in an accident caused by a car registered in another state (you will need to pursue CTP Insurance providers in the state of the car’s registration)
- Cover damage to vehicles
When is compensation from CTP insurance reduced?
Multiple reductions in the levels of compensation may apply for a number of contributing factors such as speed, drug consumption, negligence or inattentiveness.
The following all attract a 25% reduction:
- Failure to wear a seatbelt
- Failure to wear a helmet when required
- Not sitting in correct passenger compartments
- Intoxicated passenger travelling with an at-fault intoxicated driver (increasing to 50% if the driver’s blood alcohol level is above 0.15)
- Intoxicated driver (increasing to 50% if the driver’s blood alcohol level is above 0.15)
Pedestrians and cyclists who are found to have contributed to their injuries because of intoxication or drug use also attract a 25% reduction in compensation.
How can I make a compensation claim?
Once you have contacted the police and received the appropriate medical treatment, it is wise to seek the services of an experienced personal injury lawyer who can help you ascertain the merits of your claim and guide you through the process with a minimum of stress and fuss.
You will need to provide:
- Medical evidence that you were injured in a crash
- Evidence that a South Australian registered motor vehicle was partly or fully responsible for your injuries
Remember, the latter is not necessary for an injured child under 16 or anyone making an LSS claim.
When should I make a compensation claim?
You must lodge an accident report and injury claim with your CTP insurer within six months of the accident.
You should seek legal advice as soon as possible, however it is wise to wait until your doctor is satisfied that your condition and injuries have stabilised.
This is to reduce the likelihood of your health deteriorating after you make a claim and not being able to be fully compensated for the extent of your injuries.
How is compensation assessed?
CTP Insurance will pay for what it deems “reasonable and necessary” hospital, medical and rehabilitation expenses.
These may include but are not limited to:
- Ambulance
- Medical treatment
- Medications
- Hospital
- Physiotherapy
- Chiropractic
Note however not all types of medical and health services may be covered so it is important to check first to ensure coverage.
What else is covered for injury compensation?
Additional payments may be made in certain circumstances where fault has been established on the part of a South Australian registered motor vehicle or qualification under the National Defendant Scheme.
Claimants will also need to satisfy certain thresholds regarding the seriousness of their injuries and show that they have suffered loss or been disadvantaged.
If successful, they may be able to be compensated for:
- Costs of future treatment and care needs
- Loss of earning capacity (not including the first week’s loss)
- An allowance for pain and suffering suffered as a consequence of injuries
- Cost of travel expenses to and from treatment
- Coverage of personal or home care services needed while recovering from injuries, such as housework, shopping etc.
Get help from a personal injury lawyer in Adelaide today
If you are injured in a motor accident, whether you are the driver, a passenger, a cyclist or a pedestrian, it’s important you talk with a personal injury lawyer.
A lawyer will ensure you receive the maximum compensation to which you are entitled for all associated losses and costs.
Don’t ever accept your insurer’s position without seeking professional advice.
If you or someone you know wants more information or a free initial consultation, please contact us on 0401 234 710 or email [email protected]
The information contained in this article is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a financial adviser.
Legal matters referred to on this website are of a general nature only and are based on Nicholas Boswell & Co Lawyers’ interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time.
Contact us now for a no obligations discussion about your needs.