If you or a member of your family has been injured in a car or road accident due to the fault of another person. there are compensation benefits generally available.
You may be entitled to compensation whether you were injured in a car or bus, on a bike or motorcycle or as a pedestrian, even if the driver to blame can’t be identified. If your accident was at least partly the fault of another driver you can claim compensation benefits for your injuries.
There are also ‘no fault’ entitlements for catastrophic injuries that qualify for compensation under the ‘lifetime support’ scheme.
From 1 July 2013, new legislation for compulsory personal injury insurance was introduced in South Australia providing compensation available to those injured in a motor vehicle accident.
Contributions for this insurance cover are paid each year when you pay your vehicle registration. This means that if you are injured in a motor vehicle accident due to the fault of another person, you may be entitled to full compensation even if the other vehicle is unidentified or uninsured.
Depending on the extent of injuries and nature of the claim there are two schemes available to injured people.
Compulsory Third Party (CTP) insurance covers all drivers, passengers and pedestrians for accidents that result in non-catastrophic personal injury or death. Making a claim under this scheme requires showing that another driver was at least partly to blame for the accident.
The Lifetime Support scheme provides limited categories of support for people who are seriously injured resulting in permanent disability such as traumatic brain injury, serious burns, blindness and paraplegia. It is a no-fault scheme provided by the Lifetime Support Authority.
If you are injured in a motor vehicle accident, it is very important that you:
- Report the accident to Police and retain the Police report number. If Police or any hospital you attend perform any form of alcohol or drug test, retain the paperwork they will provide to you.
- Seek medical treatment from a hospital, general practitioner (GP) or other medical provider and retain all medical certificates provided to you.
- Call Manfield & Co on (08) 8264 7222 to assist with completing an Injury Claim Form and submit the form to the Compulsory Third Party (CTP) regulator or a CTP insurer. It is important to list ALL injuries in the Injury Claim Form no matter how insignificant they may seem at the time.
- Keep records and payment receipts that result from the accident.
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An injured person is required to give formal notice by lodging an Injury Claim Form within six months of the injury date. If the claim is not lodged within six months then a court may require an explanation for the delay if you wish to pursue your claim.
There is also a strict three-year time limit that applies to making a claim for injuries sustained in a motor vehicle accident. If your claim has not resolved within three years of the date of the accident, then it is necessary to issue proceedings in court to protect your entitlements. At Manfield & Co we can do that for you.
If the injured person is a child, then the three year limitation period commences from when they turn eighteen years of age.
Our aim is to achieve the best outcome possible for you, both short-term and long term because often injuries sustained from a motor vehicle accident can take an extended time to stabilise. It is necessary to strike a careful balance between resolving your matter as quickly as possible but not until your injuries have properly stabilised so that future consequences can be taken into account at settlement.
What can be claimed
Compulsory third party insurance (CTP)
Compensation may be awarded for Non- Economic Loss which can include, for example, pain and suffering and loss of amenities of life, loss of expectation of life or disfigurement. You may also be entitled to claim for Past and Future Loss of Income, and related loss of employer funded superannuation contributions and earning capacity, past and future home services, past and future medical treatment and Loss of Consortium (the impact on your relationship with your spouse or partner).
Certain aspects of claims under the scheme require injuries to be assessed on the Injury Scale. The scale assesses injuries from 0 to 100.
At Manfield & Co we can guide you through this and explain the process to you as it unfolds.
For example, to be entitled to Non-Economic Loss (Pain and Suffering), Past Gratuitous Services (where a domestic partner, parent or child gives voluntary service to an injured person), an injury or injuries, need to be assessed at 11 points or more on the ISV scale.
To be entitled to claim Future Economic Loss, injuries must be assessed at 8 points or more, or in the alternative, it must be shown that even though the injuries assess at less than ISV Scale 8, the consequences of an injury with respect to future loss of income or earning capacity, are exceptional, so that the application of the ISV threshold of 8 would, in the circumstances, be harsh and unjust.
‘No Fault’ Lifetime Support Scheme
When a person is ‘catastrophically injured’ which causes permanent disability, this scheme provides various limited benefits, such as the costs of on-going treatment, care and support.
There are very strict limitations on the definition of ‘catastrophic injury’. We can assist with advice as to your eligibility, and in making an application for lifetime support if it appears you are eligible.
At Manfield & Co, we give you the right advice up front to ensure evidence is gathered to establish your proper entitlements. This means that we will communicate with the insurers on your behalf from the very beginning of your claim and ensure that all aspects of your claim are fully explored, and then properly presented.
Sometimes people assume that legal advice is not really necessary, and that they can deal with the insurer direct themselves, until the time comes to negotiate finalisation of their claim.
In our experience, this is often not the best approach. Early legal advice enhances the opportunity to identify and preserve crucial evidence regarding the circumstances of an accident, such as identifying and interviewing that essential witness, or to ensure that all relevant medical evidence is not overlooked.
Given that we are usually prepared to accept instructions on a ‘no-win, no-fee’ basis, it is really not in your best interests to delay seeking advice.
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Alex, Modbury, Motor Vehicle Accident
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Very, very happy. Total professionalism. Michael’s service was absolutely terrific. We would always recommend to anyone. I have referred family members to Manfield & Co already.
Tony and Liana, Hillbank, Motor Vehicle Accident
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Outstanding service all the way. Always prompt and informative. Good follow up in a good time frame by the staff and solicitors. Michael and Jace were very empathetic.
Kylie, Munno Para West, Motor Vehicle Accident
“He was always non-judgmental and had a good understanding of people’s feelings.”
Michael was always on-the-ball, with he and the staff of Manfield & Co promptly returning phone calls and emails. Michael explained complicated information clearly and with empathy. He was always non-judgmental and had a good understanding of people’s feelings. I was overall very happy.
Tanya, Largs Bay, Motor Vehicle Accident
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