Motor Vehicle Accident – Frequently Asked Questions

You can manage your own claim and negotiate directly with the insurer, but motor vehicle accident claims are complex and insurers do not always recognise the full impact of your injuries. An experienced injury lawyer understands the process, deals with insurers every day and can work to secure a better outcome on your behalf.

Not necessarily. Even if your injuries have improved, you may still be able to claim for economic loss such as medical expenses and unpaid time off work, and in some cases for non economic loss such as pain and suffering, depending on your circumstances and the legal thresholds that apply.

For a motor vehicle accident in South Australia you generally have 6 months from the date of the crash to notify the insurer of your intention to claim. The usual limitation period for personal injury claims is 3 years from the date of injury. If you were a minor at the time of the accident, the 3 year period usually runs from your 18th birthday.

The length of the process depends on factors such as the seriousness of your injuries, how long your recovery takes, the complexity of your claim and how willing the insurer is to negotiate. Negotiations usually start once your injuries are considered stable and unlikely to change further.

Most personal injury matters handled by the firm proceed on a no win, no fee basis. This means legal fees for professional work are only payable if you receive compensation. Fees are charged based on the time spent rather than a percentage of your compensation, and you will be given an estimate once your situation has been assessed.

It is extremely unlikely you will need to go to court. The vast majority of personal injury claims are resolved through negotiation with the insurer. Going to trial is a last resort where it is not possible to reach a fair settlement, as court proceedings generally increase the time and cost involved.

In most cases yes. If you can provide receipts or other proof of payment, these expenses can usually be included in your claim to the insurer and are often reimbursed as part of your compensation.

ISV stands for Injury Scale Value. It is a number on a statutory scale that reflects the overall severity of your physical and psychological injuries arising from the accident.

Different types of injuries are allocated specific ranges on the injury scale. The higher your ISV, the more serious your injuries are considered to be and, generally, the greater the level of compensation. A lawyer can help ensure all relevant injuries are identified so your ISV accurately reflects your situation.

You may be able to claim for both tangible and intangible losses, including medical and rehabilitation expenses, lost income, future earning capacity, care and assistance needs, as well as pain and suffering, loss of enjoyment of life and the impact of your injuries on your relationships.

Future losses are calculated by looking at likely ongoing expenses and the long term impact of your injuries. This can include future medical appointments and treatment, equipment to help manage your injuries, reduced capacity to work and any other financial disadvantage you are expected to experience because of the accident.

Usually yes. However, your compensation is likely to be reduced by the percentage of fault attributed to you. For example, if you are found to be 20 percent at fault, your damages are usually reduced by 20 percent, based on statutory provisions or comparable court decisions.

You may still be able to claim. Where the at fault driver cannot be identified, a claim can often be made against the nominal defendant, which is a body that stands in place of the unidentified party’s compulsory third party insurer. You will usually need to show that you made reasonable efforts to identify the driver.

It will usually be necessary to come to Adelaide for an initial meeting to confirm your identity and sign key documents. After that, much of the communication can take place by email, telephone or video call, which can make the process more convenient if you live outside the city.