Motor Vehicle Accidents
Have you been injured in a motor vehicle accident?
Many Australians are injured every day as a result of motor vehicle accidents. If you’ve been injured in an accident involving a motor vehicle, you may be entitled to compensation for your injuries. Your injuries could be caused by a car, bus, motorbike or truck. Compensation is available for passengers, pedestrians, bike riders, motorbike riders or drivers.
Who is entitled to compensation?
You are entitled to claim injury compensation where another driver is at fault, or partially at fault for the accident. If you suffered catastrophic injuries, you may have entitlements under the Lifetime Support Scheme even if you were at fault for the accident or where no one is to blame.
What are you entitled to claim for a car accident?
You may be entitled to claim the following:
• Pain and suffering (non-economic loss).
• Loss of income.
• Loss of superannuation.
• Medical expenses.
• Care and assistance around the home and garden.
• Voluntary services.
Thresholds and discounts apply to a number of these entitlements, so it’s important to get legal advice on what you are entitled to claim in your particular circumstances.
Who is responsible for paying the compensation?
All registered motor vehicles have, as part of the registration fee, CTP (compulsory third party) insurance which is intended to provide compensation for injuries arising from the use of a motor vehicle. Any entitlement to compensation under the CTP insurance scheme is paid by the insurer of the vehicle that is at fault for the accident, not by the driver of the at fault vehicle.
As of 1 July 2022, South Australia has five CTP insurers – AAMI, NRMA, Allianz, QBE and Youi. To find out which insurer is responsible, you need to know the registration number of the vehicle at fault.
What time limits apply?
It is important to be aware of the time limits that apply for making a motor vehicle accident claim in South Australia. Generally, it is a good idea to seek advice as soon as possible to protect your legal rights and preserve evidence.
A claim form should be lodged with the appropriate insurance company within six months of the accident. If the claim has not been resolved within three years, legal proceedings must be lodged in Court to protect your entitlements to compensation.
If the claim involves a child who is under 18 at the time of the accident, the 3-year time limit begins once the child turns 18 and they therefore have until they are 21 years of age to lodge the claim in Court. However, even in such circumstances the claim form should be lodged within 6 months of the accident.
There are a number of pre-action steps that must be taken prior to issuing proceedings. It is therefore important to see a lawyer as soon as possible after the accident to avoid any penalties which may apply for non-compliance with the pre-action steps.
When should I see a Personal Injury lawyer?
It is important to contact a lawyer as soon as possible after you have seen a doctor. A lawyer can assist in completing the claim form and advise you on how to proceed with a claim.
You should not accept any offer of settlement from the insurer without first obtaining advice on the offer from a lawyer. Andersons offer a first free and no obligation 30 minute meeting to discuss your case and the likelihood of receiving compensation, so you really have nothing to lose.
No Win, No Fee
We understand that for many people who are injured in a car accident, they may not be able to pay up front for a lawyer to assist them in getting the compensation they deserve. For most motor vehicle accident claims, we offer a ‘no win no fee’ payment arrangement. This means that we do not charge you any legal fees if your claim isn’t successful.
When you contact us, we will offer you a free, no obligation thirty minute telephone or in person meeting to discuss your claim and the process involved where we can discuss the No Win, No Fee arrangement with you.
For most motor accident claims, we offer either a deferred payment arrangement or no win no fee arrangement depending on the circumstances. Either way, we do not charge you any legal fees until the conclusion of your claim. For most claims, the insurer will pay a significant contribution towards your legal fees.
What else might I have to pay?
You may be responsible for paying for the cost of out-of-pocket expenses (referred to as disbursements), such as medical reports. However, in many cases we can negotiate with the insurer in advance to pay the cost of medical reports. Where the insurer will not pay for the report, there are other avenues to assist with funding for these expenses, or arrangements can be made for instalment payments, which our lawyers can advise you on.
How Can Andersons Help?
At Andersons, we have a team of dedicated personal injury lawyers who are experts in motor vehicle accident compensation claims including all of the processes and procedures required to successfully pursue any claim that may result in compensation for personal injury or death.
We offer a free, no obligation first free interview to discuss your situation and the likelihood of a claim, at no cost. So you really have nothing to lose.
Contact us today on 8238 6666 or email enquiry@andersons.com.au for more information or to book your first free meeting.
