no accident compensation on S.A. roads- unless
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no accident compensation on S.A. roads- unless
Postby zaphod373 » Thu Jun 30, 2011 12:15 pm
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Re: no accident compensation on S.A. roads
Postby ColinOldnCranky » Thu Jun 30, 2011 12:32 pm
You may be correct but it is so out of whack that I won't file it away as fact just yet. I will be interested to hear from others, SA or elsewhere.zaphod373 wrote:Thats right , if you are hit by a car, and a the driver cannot be proven to be at fault, there is no compensation. A driver must be proven to be at fault for the injured party to receive compensation. Hard to believe but state gov is ok with that too,
What about a pedestrian hit by a car? Are they covered? (In anticipation of the probable stance of Alan Jones and others of his ilk)
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Re: no accident compensation on S.A. roads
Postby zaphod373 » Thu Jun 30, 2011 12:34 pm
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Re: no accident compensation on S.A. roads- unless
Postby ColinOldnCranky » Thu Jun 30, 2011 8:20 pm
WA at http://www.icwa.wa.gov.au/mvpi/ctp/mvpi_ctp_faq.shtml
and SA at viewtopic.php?f=16&t=42008An injured party may claim compensation from the CTP insurer of the owner/driver of the 'at-fault' vehicle provided negligence can be established. You can still claim if you were partly at fault, but the compensation you are entitled to may be reduced. You cannot make a claim if you:
* were the driver and totally at fault; or
* no-one was at fault, e.g. a collision with wildlife on the road.
Compulsory third party insurance:
* covers passengers, pedestrians, cyclists and other road users
* provides cover 24 hours a day, Australia wide
* compensates for reasonable treatment and other expenses.
To be compensated, an injured person must prove that another (insured) person was at fault.
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Re: no accident compensation on S.A. roads- unless
Postby mmhbeer » Thu Jun 30, 2011 10:20 pm
I find this a bit scary. If I'm forced into a curb by a passing car and I get injured and the driver doesn't stop I wouldn't be insured unless a witness stops.
If the driver stops and says that they had indicated the blame might be put back on me. Again no insurance.
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Re: no accident compensation on S.A. roads- unless
Postby ColinOldnCranky » Thu Jun 30, 2011 10:32 pm
It may not be quite so bleak. It seems, in WA at least, that you can put in a claim after taking some "reasonable" steps to determine the identity. I think reasonable in this case is a fairly minimal effort. And explanation can suffice too. ("I was riding on the PSP when I heard a vehicle mount the curb and then I was knocked unconscious and, afaik, there were no witnesses except the guy who found me.")mmhbeer wrote:Thanks for the info.
I find this a bit scary. If I'm forced into a curb by a passing car and I get injured and the driver doesn't stop I wouldn't be insured unless a witness stops.
If the driver stops and says that they had indicated the blame might be put back on me. Again no insurance.
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Re: no accident compensation on S.A. roads- unless
Postby zaphod373 » Fri Jul 01, 2011 3:25 am
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Re: no accident compensation on S.A. roads- unless
Postby zaphod373 » Fri Jul 01, 2011 11:25 pm
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Re: no accident compensation on S.A. roads- unless
Postby zaphod373 » Wed Jul 06, 2011 10:03 am
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Re: no accident compensation on S.A. roads- unless
Postby othy » Wed Jul 06, 2011 11:40 am
http://www.maa.nsw.gov.au/printfriendly.aspx?MenuID=103Special benefit for children injured in accidents on or after 1 October 2006
If you were under 16 years old and a resident of NSW at the time of the accident, you can make a claim for the children’s special benefit regardless of who caused the accident. The children’s special benefit provides for hospital, medical, rehabilitation, pharmacy, respite care and attendant care expenses.
If the accident was caused, either partially or completely, by the driver or owner of a motor vehicle you may also be able to claim for other types of compensation.
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Re: no accident compensation on S.A. roads- unless
Postby zaphod373 » Wed Jul 06, 2011 9:34 pm
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Re: no accident compensation on S.A. roads- unless
Postby zaphod373 » Wed Jul 06, 2011 9:52 pm
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Re: no accident compensation on S.A. roads- unless
Postby zaphod373 » Wed Jul 06, 2011 9:56 pm
he would have a lawyer. and the outcome would be decided in court. after many years, and many lies, the lawyer thanks you very muchmmhbeer wrote:Thanks for the info.
I find this a bit scary. If I'm forced into a curb by a passing car and I get injured and the driver doesn't stop I wouldn't be insured unless a witness stops.
If the driver stops and says that they had indicated the blame might be put back on me. Again no insurance.
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Re: no accident compensation on S.A. roads- unless
Postby zaphod373 » Wed Jul 06, 2011 10:07 pm
ColinOldnCranky wrote:It may not be quite so bleak. It seems, in WA at least, that you can put in a claim after taking some "reasonable" steps to determine the identity. I think reasonable in this case is a fairly minimal effort. And explanation can suffice too. ("I was riding on the PSP when I heard a vehicle mount the curb and then I was knocked unconscious and, afaik, there were no witnesses except the guy who found me.")mmhbeer wrote:Thanks for the info.
I find this a bit scary. If I'm forced into a curb by a passing car and I get injured and the driver doesn't stop I wouldn't be insured unless a witness stops.
If the driver stops and says that they had indicated the blame might be put back on me. Again no insurance.
you can claim all you like, but without proof, you will also be responsible in some way for the accident. But you would have to be uninjured to a large degree to fight, generally if you tangle with a car, you may be years away from physically going to court, you may be paralysed, but definately the lawyer will be the only winner, whether you win or not, w.a ,,,,yay
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Re: no accident compensation on S.A. roads- unless
Postby ColinOldnCranky » Wed Jul 06, 2011 10:19 pm
As I pointed out, it is much the same in WA. Before checking I would have sworn otherwise. Now I am willing to believe it is the same in other jurisdictions too.zaphod373 wrote:Not very interesting , to the rest of australia. who's in charge of your road accident insurance? THE LUCKY COUNTRY
Perhaps others in other states would also care to check.
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Re: no accident compensation on S.A. roads- unless
Postby alex » Sun Jul 24, 2011 5:12 pm
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Re: no accident compensation on S.A. roads- unless
Postby ColinOldnCranky » Sun Jul 24, 2011 10:02 pm
Agreed. I googled and noticed that "you must be able to prove that all reasonable practical means have been used to identify the vehicle and/or the driver" which is pretty as it is in WA. (See earlier post.) Zaphod is talking about SA but I would be surprised if any Australian jurisdiction is much different than any other. On the other hand I do notice that there have been some legislative changes in SA this year with regards to claiming against the nominal defendant which I have not tried to unravel. Is there anyone else in SA able to clarify? Zaphod, care to share with us where you got your info from? - I'd hate to think that SA somehow has taken away broadly accepted provisions and entitlements and that my own state would follow suit.alex wrote:google 'nominal defendant' before you guys all jump to conclusions about CTP insurance and hit and runs
Of course, the insurer is still entitled to dispute the existence of the alleged third party. There was a case in Cessnock in 2003 where, on appeal, the Supreme Court determined that the "car" was a fabrication in that case. The High Court upheld it. The lawyers bought new Bentleys. http://www.hcourt.gov.au/assets/publica ... 3-08-6.pdf
Legislative changes here at (http://www.google.com/url?sa=t&source=w ... w&cad=rja)
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Re: no accident compensation on S.A. roads- unless
Postby zaphod373 » Mon Jul 25, 2011 10:16 pm
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