Motor Vehicle Accident Claims- South Australia

We are an independent legal referral service here to help victims of motor vehicle accidents in South Australia get legal advice about making a claim for compensation.

If you have been injured in a motor accident in South Australia, you may be entitled to compensation. We can help you find a solicitor experienced in motor vehicle accident compensation claims who will advise you of your legal rights and entitlements. This is an obligation-free service. Complete the contact form and a solicitor will be in touch as soon as possible. Alternatively, call our free helpline.

In South Australia, the Motor Accident Commission (MAC) is South Australia’s Compulsory Third Party (CTP) insurer. The MAC provides $360 million each year in compensation to road accident victims. The scheme is administered by Allianz S.A which means that Allianz is the insurance company which processes the claims for motor accident victims.

Once Allianz have received your claim, they will investigate the details of your accident to determine who was at fault, before they can pay out any compensation. The investigation may involve the obtaining of statements from all the parties involved including any witnesses.

If you have been injured in a car accident in South Australia, you can contact Allianz directly and lodge a claim for compensation yourself. However, you may wish to first seek legal advice from a lawyer.

You may wish to speak with a lawyer after the accident, and before lodging a claim with Allianz. A lawyer can advise you of your rights to full legal entitlements. A lawyer can in fact lodge a claim on your behalf. To maximise your potential claim we recommend that you speak with a lawyer experienced in motor accident law. The laws governing this area can be complex. Our lawyers are highly experienced in interpreting and applying the relevant laws such as the Motor Vehicles Act 1959 S.A and Civil Liability Act S.A.

If you have already lodged a claim with Allianz, and would still like independent legal advice, then you should speak with a lawyer.

If you have been injured in a car accident or you have lost a family member as a result of a car accident, then you may be entitled to compensation. To make a claim against the CTP South Australian Scheme, the vehicle at fault must be registered in South Australia.

The South Australian scheme is largely common law based, which means that you need to prove that you were injured because of somebody else’s whole or partial fault.

You will need to establish that either a passenger, driver, owner or of a registered motor vehicle (other than yourself) was at fault.

If you are totally at fault for the accident. For example if you were the driver of a vehicle which was completely at fault and caused the accident then you cannot sue somebody else for your own negligence.
The person who was at fault was a pedestrian or push cyclist.

You may still be entitled to compensation for your injuries if you are partially at fault, although the amount of compensation will be reduced.

Some examples of when your compensation may be reduced, as per the Civil Liability Act:

Seatbelts. If you weren’t wearing a seatbelt then a fixed 25% reduction applies for persons (16 years or older) (Road Traffic Act, 1961).
Safety Helmets. A fixed 25% reduction applies for persons (16 years or older) not wearing a safety helmet (Road Traffic Act, 1961).
Alcohol or Drug Consumption – drivers who contribute to a crash and are intoxicated -there is a minimum 25% reduction in cases where the Blood Alcohol Content (BAC) is less than 0.15%; and a minimum 50% reduction when it is 0.15% or higher, or where the driver was so much under the influence of alcohol or drugs to be incapable of exercising effective control of the vehicle.
Passengers (16 years or older) travelling with an intoxicated driver. Where the driver’s BAC is less than 0.15%, there is a fixed 25% reduction. Where the driver’s BAC is 0.15% or more, there is a fixed 50% reduction. However, the passenger must be aware, or ought to be aware, that the driver was intoxicated.
Pedestrian/Cyclists who have contributed to their injuries and were intoxicated. There is a 25% or more reduction.

There are legal time limits that apply, so you should make a claim as soon as possible to avoid losing your potential entitlements.

If you would like to obligation-free legal advice from a personal injury lawyer in South Australia, please contact us today.

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MOTOR ACCIDENTS - SOUTH AUSTRALIA