If you’ve been injured as a result of a motor vehicle accident, whether you were in a car, motorbike, truck or on public transport, as a cyclist or pedestrian, even if the accident that caused your injury involves an unidentified or unregistered motor vehicle, you may be entitled to compensation for your injuries.
A complex scheme of compensation applies with strict eligibility requirements. It is important to contact us for advice as soon as possible as claims are required to be notified within six months of an accident.
As car accident lawyers, we will discuss the benefits you may be entitled to receive from the Compulsory Third Party Insurer, which include:
Strict time limits apply and it is in your best interests to contact us immediately after an accident to ensure your rights are protected.
Please note that it is not advisable to resolve your claim directly with the insurance company. In many instances, our solicitors have achieved far better results for clients who had received offers of settlement directly from the insurer.
Our experienced motor accident lawyers in Adelaide will advise you of all options available to you at an initial obligation-free consultation. Please contact us to book.
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 driver of the other vehicle.
You need to make a claim with the relevant insurance company within 6 months after the accident. If you want to bring court proceedings this must be done within 3 years after the date of the accident. Any time after this you need permission from the Court which is not guaranteed and is not often a straight forward exercise. Missing this time period can be fatal to your claim.
Anyone can make a claim for compensation, however in a lot of cases your claim won’t be taken as seriously if you do not have legal representation. An experienced lawyer who has a background in motor vehicle claims can put a strong case on your behalf to make sure that you have the best chance of getting fairly compensated for your injuries. Since the scheme was recently amended, it has become much more complex and difficult for injured people to get compensation. This is where we can help. As car accident lawyers in Adelaide, C + F Lawyers are experts in vehicle claims and accident compensation.
In order to make a claim for motor vehicle accident compensation you need to fill out a CTP Injury Claim Form which includes your personal details, details of the accident, your injuries and losses. It is very important the injury claim form is 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. This authority cannot be revoked for 6 months. Without legal representation, the insurer will usually continue to use the authority until the finalisation of the claim, meaning they have control over your claim.
All parties involved in the crash need to exchange each other’s name and address, as well as the name and address of the owner of each vehicle in the event that they are driving someone else’s vehicle. In addition, the parties must exchange the registration number of the vehicles. The registration number of the other vehicle is very important as it identifies the relevant CTP insurer to whom the claim is to be directed. You should also exchange information that is needed to identify the vehicle, and any other information required by a police officer in relation to the collision.
If the other driver does not supply their details, you will need to make further enquiries. This is where a legal representative might be able to help. In the event that you cannot ascertain the identity of the other vehicle, or the other vehicle was not registered, 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 collision you will not be able to get a Vehicle Collision Report from the police which might impact on your claim for compensation.
If you have a delayed onset of symptoms and don’t start to experience any pain or restricted range of movement until after the collision, you might want to contact the police to ask for an amendment in 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 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 in some cases loss of consortium. In the event that you or a close family member suffer mental harm because of the accident, then this is also something you can claim for. However, there are thresholds which you need to reach in order 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.
If you need to speak to a Motor Accident lawyer, please book your free,
no-obligation consultation today.