In South Australia, from 1 July 2016, the Compulsory Third Party scheme has been administered by four private CTP insurance companies – Allianz, AAMI, SGIC, and QBE. When you are injured in a motor vehicle accident, your compensation is paid by one of these insurance companies, not personally by the other vehicle’s driver.

You need to claim with the relevant insurance company within six months of the accident. If you want to commence court proceedings, this must be done within three years after the accident date. After this, you need to obtain permission from the Court. Missing this time can be detrimental.

Anyone can claim compensation; however, in many cases, your claim is not likely to be taken as seriously if you do not have legal representation. An experienced lawyer with a background in motor vehicle claims can put a strong case on your behalf to ensure that you have the best chance of getting fairly compensated for your injuries. Since the Compulsory Third Party (CTP) scheme was recently amended, it has become much more complex and difficult for injured people to receive compensation. This is where we can help. As motor vehicle accident lawyers in Adelaide, C + F Lawyers specialise in motor vehicle claims and accident compensation.

To claim motor vehicle accident compensation, you need to fill out a CTP Injury Claim Form that includes your personal details, car accident details, injuries, and losses. The injury claim form must be accurate and complete right from the start. You also need to sign a Prescribed Authority, which gives the insurer permission to seek access to a wide range of information about you, including medical and employment records.

All parties involved in the crash need to exchange their names and addresses. If they are driving someone else’s vehicle, they will need the name and address of the owner of each vehicle and the driver. Both parties must exchange the registration number of the cars in the accident. The other vehicle’s registration number is significant as it identifies the relevant CTP insurer to whom the claim is to be directed. You should also exchange information needed to determine the vehicle and any other information required by a police officer concerning the collision.

If the other driver does not supply their details, you will need to inquire further. This is where a legal representative might be able to help. Suppose you cannot ascertain the other driver’s identity or the other vehicle was not registered. In that case, proceedings can be brought against the Nominal Defendant to compensate you for your injuries.

Even if your road traffic collision is not strictly a ‘reportable’ collision, you can still report it to the police. If you don’t report a car accident collision, you will not be able to get a Vehicle Collision Report from the police, which might impact your compensation claim.

Suppose you have a delayed onset of symptoms and don’t start to experience any pain or restricted range of movement until after the collision. In that case, you might want to contact the police to ask for an amendment to their records. Should you not do so, the CTP insurer may argue that you did not suffer any injury in the crash.

If it is found that the other driver’s negligence caused your car accident injuries, then you might be entitled to past loss of earnings and future loss of earning capacity, which includes loss of superannuation benefits. You might also be entitled to compensation for non-economic loss, medical expenses, voluntary services, future care, and loss of consortium. If you or a close family member suffers mental harm because of the accident, then this is also something you can claim. However, there are thresholds that you need to reach to access some of these entitlements, which are very complex and require you to see an accredited medical practitioner. At C+F, our lawyers are experienced in dealing with compensation claims like yours and can help.