I have been injured in a car accident. How do I claim compensation?

Every person driving a motor vehicle registered in Australia has Compulsory Third Party (‘CTP’) insurance.  At the time of registering your vehicle in South Australia you are given the choice of a CTP insurer. Once selected, you pay the premium set by that CTP insurer when paying your registration fee.    In South Australia, a CTP scheme is set up whereby CTP insurers are approved by the South Australian Government to provide CTP insurance.  Presently, the CTP insurers in South Australia are AAMI, Allianz, NRMA, QBE and Youi.

When a motor vehicle accident occurs and injury is suffered, it is necessary for any compensation claim to be made through the CTP Scheme.  In South Australia, the South Australian CTP Insurance Regulator assists with managing the framework for CTP insurance claims.   A claim can be made by a driver, passenger, pedestrian, motorcyclist or any other person using the road.  For a compensation claim to succeed, it is necessary to demonstrate that another person is at fault for the accident.  If the accident was caused by the person driving the vehicle and that person sustains serious lifelong injuries, they may be able to seek compensation for medical and care assistance expenses via the Lifetime Support Scheme.

It is necessary to lodge a claim form with the relevant CTP insurer within 6 months of the accident occurring.  The CTP insurer for the at fault motor vehicle can be located by entering the vehicle number plate and accident date on the EzyReg website. There are two claim forms available. One is an ‘injury claim form’ which is to be submitted by a person injured in the accident and the other is a ‘fatality claim form’ which is submitted when a claim is being made relating to a person killed as a result of a motor vehicle accident.   It is important to seek legal advice about the accident and the content of the claim form as the claim form will be relied upon by the insurers throughout the entire claim process.  Issues can arise when a claim form is not completed correctly.  

If the motor vehicle was not registered at the time of the accident or the vehicle at fault cannot be identified, a claim can still be made via the Nominal Defendant Scheme. It is important to seek legal advice about making a clam when the vehicle at fault cannot be identified.  There are certain steps that need to be taken soon after the accident occurred to demonstrate that you have attempted to locate and determine the identity of the driver and registration details of the vehicle at fault.

Once the form is submitted to the relevant CTP insurer, that insurer will manage the claim until the final resolution of the claim. You can manage your claim yourself however in our experience a better result can be achieved when a lawyer assists. At MKF Lawyers we have experienced lawyers who can provide advice and manage your motor vehicle accident compensation claim until its final conclusion.  This means you can focus on recovering rather than having to deal with the insurer directly. We work on the basis that we will not charge our legal fees unless your claim is successful.  Contact us for a free, no obligation discussion about your motor vehicle accident claim on 08 7093 2998 or by email at info@mkflawyers.com.au.  

For more information about motor vehicle accident claims, visit our web page here.

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