Johnston Withers

Car accident lawyers.

If you’ve been injured in a motor vehicle accident, you may be entitled to compensation.

Our team of car accident lawyers in Adelaide and regional SA can support you in claiming compensation after a car accident.

Don’t know what to do if you’re injured in a car accident? Struggling with CTP claim time limit? Or simply wondering how to make a CTP claim?

Compulsory Third Party (CTP) insurance in South Australia means that pedestrians, cyclists, drivers and passengers who have been physically or psychologically injured in a car accident can be compensated for their losses.

We understand that the aftermath of a motor vehicle accident can be distressing and complex, and our team of car accident lawyers in Adelaide and regional SA is here to help with informed and empathetic legal advice.

How it works

Free initial consultation

You deserve legal advice, even if you can’t afford it. That’s why we offer an obligation-free initial consultation with our team of caring, compassionate regional and Adelaide-based car accident lawyers. We’re here to listen, advise, and support you during this difficult time.

No Win No Fee

Our No Win No Fee model is simple. We believe that everyone deserves to get justice if they've suffered a loss. If we decide to take on your case, our No Win No Fee lawyers for car accidents won’t charge you legal fees unless you receive a lump sum benefit, regardless of how long the claim takes.

You won’t need to pay any upfront legal fees, and we won’t seek any of our costs from you if your case is unsuccessful. That’s how confident we are in our team of No Win No Fee car accident lawyers’ skills and experience.

*No Win No Fee is offered in most motor vehicle injury cases. Read the full T&Cs here.

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Claiming compensation after a car accident

Every time you register your car, a percentage of what you pay goes into South Australia’s CTP Insurance Scheme. The scheme provides car accident compensation to people who suffer injuries as a result of a road accident.

If you or a loved one have suffered a car accident injury, you may be entitled to car accident compensation via a CTP insurance claim. In South Australia, there are four insurers who may manage your claim: AAMI, Allianz, QBE and SGIC.

The relevant insurer will vary depending on the registration of the vehicle that caused the accident in question. You can find out which insurer you should claim from by entering the registration number of the ‘at fault’ vehicle into the EzyReg website.

Unsure which insurer to claim from after a car crash? Our car accident lawyers are also here to help you determine who should manage your claim.

You can find more information on how to make a CTP claim in the FAQ section below.

Eligibility for claiming compensation for a car accident

CTP insurance claims in SA cover a range of situations, from physical injuries to psychological trauma. Our car accident lawyers can help if the circumstances include:

  • A driver or passenger injured in an accident, no matter the cause – even if the vehicle involved in causing the car accident injury isn’t registered or can’t be identified

  • A cyclist or motorcyclist injured by a vehicle

  • A pedestrian injured by a vehicle

  • A passenger injured on a bus, train or tram

  • A person who has suffered psychological trauma as a result of a road accident

  • A person on behalf of a child who has been injured in a road accident

  • A worker injured in an accident involving any kind of work vehicle

Entitlements for CTP insurance claims

The car accident compensation you may be entitled to includes payment for:

  • Pain and suffering

  • Medical expenses (for both the past and into the future)

  • Loss of income (for both the past and into the future)

  • Expenses such as domestic care and commercial assistance up until the time of settlement and into the future

  • Any assistance provided to you by close relatives

Meet our team of car accident claims lawyers

Tim Downie Johnston Withers Lawyers

Tim Downie

Practice leader: Personal injury

Our track record as motor vehicle accident compensation lawyers in Adelaide

Thank you for your help, kindness and support!
- past client

Frequently Asked Questions about Car Accident Claims in SA

How do I make a claim?

Not sure how to make a CTP claim? You can lodge your claim directly on the South Australian CTP Insurance Regulator website, or with the help of our expert car accident lawyers. Alternatively, you can print and complete the form on the website and provide it to the relevant insurer (AAMI, Allianz, QBE and SGIC).

The insurer that manages your claim depends on the registration of the vehicle that caused the accident. Enter the vehicle’s registration number into the EzyReg website to find out which insurer to claim from.

Need help lodging your CTP insurance claim or finding out which insurer you should claim from? Our team of expert motor vehicle accident lawyers in Adelaide and regional South Australia are here to help.

How much does a CTP lawyer cost?

Our car accident lawyers will always provide an upfront fee estimate and, in most cases, work on a No Win No Fee model. This means that if we decide to take on your case, our No Win No Fee car accident lawyers won’t charge you unless we win your car accident compensation claim, regardless of how long the claim takes.

You won’t need to pay any upfront legal fees, and we'll happily not charge our costs if we don't win your case.

If you do win, our car accident lawyers’ fees will be charged by the hour, and will be in reference to a legal scale of costs. This means the total legal fees will depend on the work that’s needed to resolve the claim.

Does car insurance cover legal fees?

If the insurer accepts that the driver responsible for the accident is negligent and the damages you receive exceed a certain amount, the insurer is obliged to contribute to the legal fees you incur from your car accident lawyer.

In some cases, the insurer’s contribution may cover up to 70% of the legal fees. The balance is then paid from the lump sum car accident compensation you receive.

What types of injuries are covered?

Anyone who has suffered a physical or psychological injury in a car accident may be entitled to car accident compensation irrespective of their injuries. Common examples of compensable injuries resulting from motor vehicle accidents include:

  • Whiplash

  • Soft tissue injuries

  • Broken or fractured bones

  • Psychological injuries (such as nervous shock and depression)

  • Brain injuries

  • Burns and scarring

What is the CTP claim time limit?

You must lodge a car accident claim within six months of the accident in South Australia with the relevant CTP insurer. You may be able to lodge your claim after this time but the insurer will seek an explanation for the delay.

You have three years from the date you were injured to resolve the claim with the insurer. If it is not resolved within this timeframe, you are required to issue proceedings in the Court (your car accident solicitor can help with this).

How long do CTP claim settlements take?

Most CTP insurance claims are resolved within 12-24 months of the accident.

However, this timeframe depends on the nature and severity of your injuries – your injuries have to stabilise before doctors will provide an assessment of your permanent impairment.

This assessment usually happens 12-18 months after the accident and is required for your claim.

Claims can take longer for injuries that take an extended period of time to stabilise, or matters that might be contested through the Court. No matter how long the claim takes, Johnston Withers’ car accident lawyers will not charge you any legal fees until your claim resolves.

Does car insurance cover medical expenses?

From the date of your injury until the date your claim is resolved, the insurer is obliged to consider paying for all ‘reasonable’ medical expenses as part of your car accident compensation.

Usually, this applies to the cost of any medical or rehabilitative treatments you’ve been referred for by your GP or specialist, including surgery, physiotherapy, Pilates and hydrotherapy.

To make sure you’re not left out of pocket, it’s important to ask your GP for appropriate referrals and for a treatment plan to be provided to the insurer. The insurer will then consider pre-approving the funding for your treatment.

Once treatment is pre-approved, your health provider can send their invoices with your claim number directly to the insurer for payment.

Am I entitled to be paid my salary while I am injured?

If you’re unable to work because of your injuries, the insurer must pay 80% of your after-tax income (after the first week). It’s very important that you provide the insurer with medical evidence such as sickness certificates confirming your incapacity to work.

Generally, the insurer will pay all of your lost income as part of the lump sum settlement you receive when your claim is resolved.

However, if you can establish that you’re suffering financial hardship due to loss of income, the insurer may consider paying this amount during the course of the claim. This is usually an involved process and our team of experienced car accident lawyers can assist with these applications.

Do I have to go to court for a CTP insurance claim?

No. It’s very rare for matters to proceed to a trial. In almost all cases, the claimant and the insurer resolve the claim with payment of a lump sum, sometimes with the help of car accident lawyers. It may be that proceedings are issued in court and the matter settles during the court process, but cases don’t need to be issued in the Court in order for them to settle.

Can I get compensation for a car accident?

In some instances, you can get car accident compensation as a lump sum. Once your injuries are considered to be medically stabilised, the insurer or your car accident lawyers can arrange for a medico-legal assessment to determine if you have any permanent impairment. The insurer will consider a lump sum settlement based on this assessment.

You must be assessed above a particular threshold to be entitled to make a claim for a lump sum payment for pain, suffering, and future economic loss. Whether you’re above the threshold depends on the nature and extent of your injuries in addition to whether they are likely to reduce your future earning capacity.

You may also be entitled to a lump sum payment to redeem the costs of the assistance provided by your immediate family, future medical treatment, and future care or assistance.

We strongly recommend that claimants seek legal advice immediately from experienced car accident lawyers if their insurer offers them a lump sum settlement. The team of regional and Adelaide motor vehicle accident lawyers at Johnston Withers provides initial cost-free assessments of settlement offers to assist claimants in understanding their rights.

Will the driver that caused the injury pay any damages?

The insurer will pay your car accident compensation. The ‘at fault’ driver may be charged by the South Australian Police for a driving offence and be required to pay a fine or incur another penalty.

Generally, the driver who caused your injuries won’t pay any of the damages unless they were under the influence of alcohol or drugs at the time of the accident. In this case, the insurer may seek to recover the compensation it pays to you from the driver at a later date.

What if I contributed to causing the accident?

If another party also contributed to the accident, you may be eligible for car accident compensation even if you’re partially at fault. In these cases, liability (and the amount of compensation you will receive) is proportioned to the extent to which you contributed to the accident. Get in touch with our car accident solicitors if you have any queries about your liability.

We’re proud to have helped thousands of South Australians lodge their CTP insurance claims and receive car accident compensation with the help of our regional and Adelaide-based car accident lawyers. When experience matters, we’re here to help you, too.

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