Can I make a CTP claim for personal injury?
If you are injured in a motor vehicle crash, were not at fault* and wish to make a CTP claim, contact Allianz by phoning 1300 137 331.
* Excluding children under 16 at the time of crash if the crash occurred in SA.
You can't make a CTP claim in South Australia if:
- You are entirely at fault in a crash (except for a child aged under 16 years in some circumstances).
- The person at fault was not driving a South Australian registered motor vehicle. If the vehicle at fault was registered interstate you may be able to claim from the interstate CTP insurer. Please contact the relevant insurer.
- You want to claim for vehicle damage (contact your car insurance company).
When can I lodge a claim?
If you were injured as a result of a road crash, the first step in lodging a claim is to complete an Approved Injury Claim Form, including the Prescribed Authority.
The Prescribed Authority will enable Allianz to access required information to help process your claim faster. A copy of any information obtained through the Prescribed Authority, will also be provided to you.
Timeframes also apply when making a claim:
- As soon as practicable if the vehicle that caused the road crash is unknown or uninsured.
- Within six months in any other circumstance.
What compensation may be paid?
The common forms of compensation payments are made for:
- Treatment expenses
- Non-economic loss, including pain and suffering and disfigurement
- Loss of earning capacity (past and future) excluding the first week's loss
- Loss of dependency
- Attendant care
What types of treatment expenses can be claimed?
Allianz may authorise payment on behalf of MAC for treatment expenses such as:
For information on entitlement to compensation for other treatment or services please contact Allianz.
Who is responsible for the payment of treatment accounts?
The injured person is responsible for treatment expenses incurred prior to claims being settled. While Allianz has no legal obligation to pay accounts progressively, it does so, on behalf of MAC, providing certain conditions are met. One key condition is to comply with the claim notification requirements. It is advisable to enquire about the cost of treatment and eligibility for progress payments before agreeing to treatment.
When may treatment accounts be paid?
Payment of accounts by Allianz may occur when:
- The claim notification process met (i.e, complete the Approved Injury Claim Form to the best of your ability).
- Liability is not in dispute or has been agreed.
- Treatment has been reasonably incurred as a result of the motor vehicle crash.
- The amount of the account is appropriate.
If there is any doubt, payment will be subject to further investigations or inquiries.
Under what circumstances may compensation be reduced?
If you are injured in a crash, even if it wasn't your fault, your CTP claim may be reduced if:
- You weren't wearing a seatbelt.
- You weren't wearing a helmet whilst riding a bicycle or motorbike.
- You were riding in the back of a van, utility etc.
- You (as a driver, pedestrian or cyclist) had consumed alcohol or drugs.
- Your driver had consumed alcohol or drugs (and you were aware or ought to be aware that the driver was intoxicated).
- You were deemed to contribute to the crash.
What CTP reductions in compensation may apply?
Reductions in compensation may apply in relation to:
- Seatbelts. A fixed 25% reduction for persons (16 years or older) not wearing a seatbelt as required under the Road Traffic Act.
- Safety Helmets. A fixed 25% reduction for persons (16 years or older) not wearing a safety helmet as required by the Road Traffic Act where the failure to wear a helmet has contributed to the accident or the extent of the injury.
- Passenger compartments. A fixed 25% reduction for persons (16 years or older) travelling as a passenger in or on a motor vehicle with a passenger compartment, but not within the compartment (for example a van or utility) and this has contributed to the accident or the extent of the injury.
- Alcohol and/or Drugs (intoxication) where:
- Drivers who have contributed to a crash and were intoxicated. There is a minimum 50% reduction when the Blood Alcohol Concentration (BAC) was 0.15 or more, or where the driver was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle. Otherwise, the minimum reduction is 25%.
- Passengers (16 years and older) who are (or ought to be) aware they are travelling with an intoxicated driver. There is a fixed 50% reduction when the driver's BAC was 0.15 or more, or when the driver was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle. Otherwise, the fixed reduction is 25%
- Pedestrians/Cyclists who have contributed to their injuries and were intoxicated. There is a 25% or more reduction.
The above compulsory reductions are in addition to any other reductions for contributory negligence.
How long will it take to settle a CTP claim?
Most CTP claims are settled within 6-12 months of lodgement. Information on how settlement is determined is available on the Allianz website.
Can I make a claim for personal injury if I was injured in SA by an unregistered or 'hit & run' vehicle?
Possibly a claim could be made against the Nominal Defendant. You can contact Allianz on 1300 137 331 if you have any queries.
Where do I go if I want legal advice?
The Law Society of South Australia (ph: 08 8229 0288) can refer you to an appropriate lawyer if required.
What is my entitlement to legal fees?
Although legal fees are covered by the CTP Scheme, they are not fully covered. Therefore, it is likely that you may incur some out of pocket legal fees.
Limits have been introduced for crashes on or after 1 July 2013. Generally, no fees will be payable for claims whether the total amount recovered is under $25,000, and limitations apply to claims between $25,000 and $100,000.
Irrespective of the limitations, there are always some fees that cannot be recovered for the CTP Scheme which must be payable by you.