no accident compensation on S.A. roads- unless

no accident compensation on S.A. roads- unless

Postby zaphod373 » Thu Jun 30, 2011 12:15 pm

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,
Last edited by zaphod373 on Thu Jun 30, 2011 12:49 pm, edited 1 time in total.
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by BNA » Thu Jun 30, 2011 12:32 pm

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Re: no accident compensation on S.A. roads

Postby ColinOldnCranky » Thu Jun 30, 2011 12:32 pm

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,

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.

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

pedestrians included , my daughter is a perfect example, it doesn't surprise me that no one knows as even the sa polies that we have raised this issue with didn't know, hooray for alliance
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Re: no accident compensation on S.A. roads- unless

Postby ColinOldnCranky » Thu Jun 30, 2011 8:20 pm

I have had a quick look at WA's Insurance Commission site and it appears to be of the same. ie there must be some level of liability by someone other than the claimant. Certainly ot no-fault as I had always understood it to be.

WA at http://www.icwa.wa.gov.au/mvpi/ctp/mvpi_ctp_faq.shtml
An 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.


and SA at viewtopic.php?f=16&t=42008
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

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 ColinOldnCranky » Thu Jun 30, 2011 10:32 pm

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.

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.")
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Re: no accident compensation on S.A. roads- unless

Postby zaphod373 » Fri Jul 01, 2011 3:25 am

guys, its something very few people know about including polies, other states are a little different. My daughter was hit by a car on the way home from school. The driver stopped, it seems he had made several text messages, and obviously received some as well, from the time he left work till the accident. She is classed as minimally aware. This happened six years ago and the case is still ongoing, who wins, the lawyers. People should be very worried. P.S. I dont get to ride much since, as my wife and I care for my daughter around the clock, and I am mostly asleep during the day, B.T.W, an ambulance driver told me his 2yo crawled on to the road, and the fault was deemed to be the 2yo, also no compensation, pass that on to your polies
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Re: no accident compensation on S.A. roads- unless

Postby zaphod373 » Fri Jul 01, 2011 11:25 pm

Not very interesting , to the rest of australia. who's in charge of your road accident insurance? THE LUCKY COUNTRY
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Re: no accident compensation on S.A. roads- unless

Postby zaphod373 » Wed Jul 06, 2011 10:03 am

The lack of interest was expected, good luck
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Re: no accident compensation on S.A. roads- unless

Postby othy » Wed Jul 06, 2011 11:40 am

There are special provisions for children in NSW, perhaps it is something that should be introduced uniformly across the states.:

Special 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.


http://www.maa.nsw.gov.au/printfriendly.aspx?MenuID=103
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Re: no accident compensation on S.A. roads- unless

Postby zaphod373 » Wed Jul 06, 2011 9:34 pm

yes medical costs and some rehab but no compensation. What if the child needs special equipment or home modifications or wipes and pads for the rest of its life, and being so young may be many years. The possible list is huge and expensive, who pays for this,, the family carer
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Re: no accident compensation on S.A. roads- unless

Postby zaphod373 » Wed Jul 06, 2011 9:52 pm

look its simple, the main component of everyones registration is third party injury, the rego is like $20 bucks, so all this money coming in and it seems very little going out in comparison. I dont remember my rego going down when SGIC was given the flick. With SGIC if you lost a limb you got this much , if you lost two limbs you got more, it probably was still not enough but better than zero. Look at workers comp, most people get looked after and bills are paid by employer insurance when usually the injury was caused by the worker himself, injured at work, injured on the road two different things, ozzy,ozzy,ozzy, pfffft
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Re: no accident compensation on S.A. roads- unless

Postby zaphod373 » Wed Jul 06, 2011 9:56 pm

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.

he would have a lawyer. and the outcome would be decided in court. after many years, and many lies, the lawyer thanks you very much
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Re: no accident compensation on S.A. roads- unless

Postby zaphod373 » Wed Jul 06, 2011 10:07 pm

ColinOldnCranky wrote:
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.

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.")


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

zaphod373 wrote:Not very interesting , to the rest of australia. who's in charge of your road accident insurance? THE LUCKY COUNTRY


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.

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

google 'nominal defendant' before you guys all jump to conclusions about CTP insurance and hit and runs
if i get killed while out on my bike i dont want a 'memorial ride' by random punters i have never met.
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Re: no accident compensation on S.A. roads- unless

Postby ColinOldnCranky » Sun Jul 24, 2011 10:02 pm

alex wrote:google 'nominal defendant' before you guys all jump to conclusions about CTP insurance and hit and runs


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.

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/publications/judgment-summaries/2003/hca41-2003-08-6.pdf

Legislative changes here at (http://www.google.com/url?sa=t&source=web&cd=1&ved=0CBcQFjAA&url=http%3A%2F%2Fwww.legislation.sa.gov.au%2FLZ%2FV%2FA%2F2011%2FMOTOR%2520VEHICLES%2520%28THIRD%2520PARTY%2520INSURANCE%29%2520AMENDMENT%2520ACT%25202011_23%2F2011.23.UN.RTF&rct=j&q=nominal-defendant%20south-australia%20third-party-insurance&ei=gAosTtbeM8zomAXSif25Dw&usg=AFQjCNHmnwRALuawWygoMB9wp9qVhrmqqg&sig2=JIU06AoNyZYgPGz_ftZn2w&cad=rja)
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Re: no accident compensation on S.A. roads- unless

Postby zaphod373 » Mon Jul 25, 2011 10:16 pm

Zaphod, care to share with us where you got your info from? YES, my lawyer
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