What is the MAC?
The MAC is the Motor Accident Commission of South Australia. It was responsible for CTP insurance claims for accidents that occurred before 1 July 2016. CTP insurance is now the responsibility of various private insurers. MAC continues to be responsible for road safety education, research and projects, but no longer has an insurance division for more recent claims. If your accident was before 1 July 2016, MAC will be the insurer responsible for your claim. From 1 July 2019, MAC ceased to exist.
Who is my CTP Insurer?
We assist people injured in motor vehicle accidents throughout SA and under South Australia’s Compulsory Third Party (CTP) insurance scheme.
Five insurers are responsible for CTP insurance in South Australia: Allianz, AAMI, QBE, NRMA (SGIC) and Youi. Every driver with CTP insurance is allocated an insurer. Your vehicle registration papers include the name of your allocated insurer. You can also contact the CTP Personal Injury Helpline on 1300 303 558 for more information about CTP claims, or review via the SA Gov Compulsory Third Party (CTP) Insurer Search at EzyReg – CTP Insurer Search.
What happens if I had a motor vehicle accident in another state or territory?
Each state and territory has its own laws about motor vehicle accident compensation. The laws of the state or territory in which the accident occurred will apply to your claim, and they may be different from the laws in South Australia, including the maximum compensation you can claim and for what. If you have been injured in a motor vehicle accident in another state or territory, it may be best to seek legal advice from a lawyer based in the relevant state or territory.
What do I need to be able to prove to make a compensation claim?
To successfully claim compensation, you must establish that the motor vehicle accident occurred due to the negligent actions or omissions of another driver or the motor vehicle’s owner. This means that driver or owner failed to take reasonable care when they had an obligation so to do. You must also have evidence of your injuries and medical expenses; for example, doctors’ reports, receipts for medical appointments, treatments, x-rays and photographs. Our accident lawyers will let you know what documents we need to help determine whether negligence caused the accident.
Can I claim compensation for property damage?
Yes, you can, although CTP insurance only covers personal injury claims. Property damage includes damage to your vehicle, such as a wrecked motorcycle or quad bike, or damaged objects in a vehicle, such as laptops, sunglasses, etc. Property damage can be claimed against the driver at fault for the accident (which they may hold insurance for) or against your own insurance (in the event you have full/comprehensive insurance cover for your vehicle). There may be time limits that apply to claiming compensation for property damage.
What type of medical expenses are paid?
Payable medical expenses include those that are directly related to your injury, such as surgery, x-rays and other medical tests. You may also claim for costs, such as travel and accommodation if it’s necessary for you to travel to seek medical attention. You may also claim for therapeutic aids and rehabilitation expenses, including domestic assistance, home and vehicle modifications, and treatments such as massage, gymnasium and hydrotherapy.
What is the Injury Scale Value System?
The Injury Scale Value (ISV) system is a numerical rating from 0 to 100 used in South Australia to measure injury severity and calculate compensation for non-economic loss like pain and suffering. Scores range from 0 (for minor injuries ) to 100 (severe, catastrophic injuries). Independent doctors approved by the Motor Accident Injury Accreditation Scheme (MAIAS) perform the medical evaluation, taking into consideration physical or psychological pain, disabilities, treatment needs and the overall impact on quality of life. An assessment only takes place after injuries have fully stabilised, and the injury score must pass a set threshold (legal minimum) before you can claim certain types of compensation (e.g., damages for non-economic loss, future loss of earning capacity, past gratuitous services, and loss of consortium). More information about the evaluation process is provided by the CTP Insurance Regulator.