If you’ve been injured on the road in South Australia, whether as a driver, passenger, cyclist, or pedestrian, you may be entitled to compensation.
Motor Vehicle
Accidents
Understanding Road Accident Injury Claims
When you are involved in a road accident, one of the key legal questions is whether another party was at fault. This often comes down to the concept of negligence.
In South Australia, all road users including drivers, cyclists, pedestrians and passengers have a legal duty to take reasonable care on the road. This includes following road rules, staying focused and adapting to conditions to help prevent harm to others.
Negligence occurs when someone fails to meet this standard of care and causes injury or damage as a result. Common examples include running a red light, using a mobile phone while driving or not keeping a safe distance between vehicles.
To succeed in a claim, it must be shown that the other party breached their duty of care and that this breach directly caused your injuries. It is not enough to show that a mistake was made. There must be a clear connection between the conduct and the harm you suffered.
In some circumstances, you may still be eligible to make a claim even if you were partly responsible for the accident. However, the amount of compensation you receive may be reduced based on your level of contribution to the incident.
Compensation in Road Accident Claims
If you’ve been injured in a motor vehicle accident in South Australia and another party was at fault, you may be entitled to compensation under the state’s compulsory third party insurance scheme. The type and amount of compensation available will depend on the nature and severity of your injuries, how they impact your daily life, and your ability to work.
Depending on your individual circumstances, compensation may cover:
- Medical expenses including hospital stays, surgery, rehabilitation, physiotherapy, medication, and ongoing treatment.
- Loss of income, both past and future, if your injuries prevent you from working or reduce your earning capacity
- Pain and suffering for the physical and psychological impact of the accident, including anxiety or trauma.
- Home or vehicle modifications where necessary to accommodate a long-term disability caused by the accident.
- Domestic and personal care such as assistance with everyday activities or support provided by family or professional carers.
- Travel expenses such as transport to and from medical appointments or treatment facilities.
- Other reasonable out-of-pocket costs arising from your injury or recovery.
- In cases of fatal accidents, families may also be able to claim funeral expenses and loss of financial support.
We are here to help
Frequently Asked Questions
In South Australia, strict time limits apply to motor vehicle accident claims. Generally, you are expected to lodge an Injury Claim Form with the Compulsory Third Party insurer within six months of the accident. If your claim is not resolved within three years, court proceedings may need to be issued to preserve your right to compensation.
Missing these timeframes could affect your ability to make a claim, but that doesn’t necessarily mean your options are gone. In some situations, an application for an extension may be granted, particularly if there is a valid reason for the delay. However, this process can be complex and is assessed case by case.
That’s why seeking expert legal advice as early as possible is essential. The sooner you speak with a lawyer, the better your chances of complying with the legal requirements and building a strong, timely claim. At Grope Hamilton Lawyers, we can help you understand your entitlements, assess any time-related risks, and take the right steps to protect your interests.
Motor vehicle accidents can affect a wide range of road users, including drivers, passengers, pedestrians, cyclists, motorcyclists, and scooter riders. Each group may be exposed to different types of injuries depending on the circumstances of the incident.
Common injuries sustained in road accidents include, but are not limited to:
• Head and brain injuries, such as concussion or traumatic brain injury, often resulting from direct impact or lack of protective gear.
• Fractures and broken bones, commonly affecting limbs, ribs or the pelvis.
• Spinal injuries, including whiplash, disc damage or more serious mobility-impairing conditions.
• Soft tissue injuries, such as muscle strains, ligament tears or bruising.
• Psychological trauma, including anxiety, depression or post-traumatic stress disorder (PTSD).
Motor vehicle injury claims typically take between 6 to 24 months to resolve, depending on the circumstances. In many cases, the injury needs to stabilise before the claim can move forward. This allows medical professionals to properly assess the extent of the damage, understand the long-term impact, and provide the necessary medical evidence to support the claim.
The timeline can also be influenced by factors such as disputes over fault, the severity of injuries, availability of supporting evidence, and whether the case proceeds to court. In some cases, particularly those involving children or serious injuries, resolution may take longer to fully understand the long-term consequences.
Our Motor Vehicle Accident Claims Process
Free 30-Minute Initial Consultation
We begin with a free, no-obligation consultation of up to 30 minutes. During this meeting, a personal injury lawyer will listen to your situation, answer your questions, and advise you on whether you may have grounds for a motor vehicle accident claim.
Determining Your Eligibility for 'No Win, No Fee'
Not every claim qualifies for our ‘No Win, No Fee’ service. Once we’ve understood the circumstances of your accident, we’ll explain whether your case is eligible and outline how legal costs would apply.
Collecting Evidence and Supporting Documents
We assist in gathering the key documents needed to support your claim. This may include medical reports, police accident reports, vehicle damage assessments, witness statements, and photographs from the scene.
Preparing and Lodging Your Claim
Our legal team prepares and submits your Injury Claim Form to the appropriate Compulsory Third Party (CTP) insurer. We ensure that all documentation complies with South Australian requirements and is filed within the relevant timeframes.
Negotiation or Legal Proceedings
Many motor vehicle accident claims are settled through negotiation. If the insurer contests the claim or an agreement cannot be reached, we are fully equipped to represent you in court and advocate for your entitlements.
Ongoing Guidance and Communication
From your first call to the final outcome, we keep you updated at every step. You’ll receive honest, timely advice so you always know where your claim stands and what to expect next.