Motor Vehicle Accident Claims
If you are involved in a car accident, either as a driver, passenger or pedestrian and have sustained an injury you may be entitled to compensation. It is important that the incident is reported to police and that you promptly seek medical attention and legal advice. Scammell & Co.’s solicitors are experienced in motor vehicle accident injury claims and can help ensure you get maximum compensation.
We are happy to speak with you over the telephone or in person. The first half hour of the first meeting is free.
Compensation for motor vehicle accident injuries is provided though the Compulsory Third Party Insurance (CTP) of the driver of the motor vehicle. The Insurance premium is paid when the car is registered in South Australia. The Compulsory Third Party Insurance scheme is managed by the Motor Accident Commission (MAC) which instructs the insurance company Allianz to manage claims for compensation due to injury.
You may receive insurance claim forms from Allianz. We generally advise clients to discuss their claim with us before they fill out the claim form, so that their claim is not adversely affected by what they write in the form.
Click on the questions below to reveal the answer.
I have sustained an injury, can I receive accident compensation?
A. If you are injured as a result of a motor vehicle accident that was not your fault, or not entirely your fault, you may well have a claim. There is a threshold test for the injuries you suffer that you must exceed before you are entitled to claim pain and suffering. It is important that advice is sought as soon as possible so that your rights are preserved.
What might I get for accident compensation? How does the accident compensation process work?
A. Generally you will only have a claim if the accident resulted from the negligence of another driver. We provide you with advice about what is required to prove negligence. In some cases you may also have a claim even if you were partly at fault.
Once we have established ‘fault’ (known as liability), we will then advise you on how to prove the extent of your injuries and loss. This is commonly referred to as the quantum (amount) of your claim. At a minimum, we will need to obtain medico-legal reports from your doctor(s).
What are my entitlements when it comes to compensation?
A. The law divides the compensation you can receive into many different categories including:
- The pain and suffering you have endured.
- Any residual disability or scarring you may have from your injuries.
- Time off work or loss of work opportunities.
- The cost of medical treatment you have received and will need to continue to receive.
- The market value of the help that your spouse, parents or children have given you due to your injuries.
- The effect of your injuries on your ability to earn an income in the future.
- Some categories of compensation have the potential to attract large sums of compensation while for other categories including pain and suffering, parliament has effectively capped the amount of money that can be paid out.
The law in this area is complicated and therefore it is very important that you engage a solicitor to maximise your claim as soon as possible. Evidence may need to be gathered soon after the accident to assist your claim.
How much will my claim cost? Do you do “no win – no fee”?
A. We offer “no win no fee” for these matters. This means that we do not charge you for our legal fees unless we are successful in obtaining compensation for you compensation. If your claim does not succeed we will not charge you legal fees.
If you succeed in your claim, the insurer will ordinarily pay a large portion of your legal fees.