What To Do If You’re Involved In A Motor Vehicle Accident: A Guide To Seeking Legal Advice and Compensation

Understanding Your Options

One of the most crucial steps to take after a car accident is to seek legal advice as soon as possible. To successfully claim compensation, it must be established that someone else was responsible for the accident that caused personal injury.

Even if you were partially responsible for the accident, you may still be eligible to receive a percentage of the total damages. You can make a car accident insurance claim if the accident was caused by anyone, including a friend, relative, spouse, parent, or child.

Who Pays the Compensation?

In South Australia, if you are injured in a motor vehicle accident, your compensation is paid by one of four private CTP insurance companies; Allianz, AAMI, SGIC, QBE and now YOUI. If it’s determined that the other driver’s negligence caused your injuries, you may be entitled to loss of earnings and future loss of earning capacity, which includes loss of superannuation benefits.

You may also be eligible for compensation for non-economic loss, medical expenses, voluntary services, future care, and loss of consortium. If you or a close family member suffers mental harm because of the accident, you can also make a claim. However, some of these entitlements have thresholds that are complex, and you need to consult an accredited medical practitioner to access them.

What Can You Claim?

The compensation you may be eligible to receive includes payment for pain and suffering, medical expenses (past and future), loss of income (past and future), expenses such as domestic care and commercial assistance up until the time of settlement and into the future, and any assistance provided by close relatives.

Even if you were at fault or partially at fault in a car accident, you can still claim compensation as long as you haven’t been charged with a serious driving offence in connection with the accident, and you weren’t driving an uninsured vehicle. There is also a “no-fault” system that provides money for anyone catastrophically injured in an accident in South Australia. You may be entitled to medical expenses and care, weekly payments for loss of income, lump sum impairment benefits, and other expenses such as rehabilitation equipment, medical aids, and home/vehicle modifications.

Time Limits to Making Claims

Failing to meet these deadlines can result in significant consequences for your legal case. Under South Australian law, anyone over the age of 18, you have three years from the date of your accident to seek compensation and preserve your rights to claim. If you are one day over this limit, then you will likely lose your right to claim and be barred from filing a lawsuit altogether.

It is crucial to understand these time limits and act promptly to protect your legal rights. That’s why it’s best to seek legal advice as soon as possible after an accident to ensure that you don’t miss any critical deadlines. If you have missed your deadline, you may still have rights to allow for an extension of time in certain circumstances. A qualified lawyer can assist you in navigating the legal process, filing claims, and meeting all necessary deadlines, so you have the best chance of receiving the compensation you deserve.

No Offer No Fee

At JD Legal, we offer a “no offer no fee” arrangement to help ease the burden of pursuing justice. This means, if we don’t secure an offer for you, you don’t pay for our time. Our lawyers want you to focus on healing and moving forward from your legal case while we handle the legal work.

We’re here to listen, advise and represent you every step of the way, and we won’t stop until we get the best outcome possible for you. With JD Legal, you can trust that you’re in good hands, and we’ll fight for you as if you were family. Contact us today and let us help you seek the justice you deserve.