Guide to Fair Motor Vehicle Accident Compensation

If you've been involved in a collision, you may be entitled to motor vehicle accident compensation. The differs across the states and territories, and the amount of compensation you're entitled to will depend on the severity of your injuries, the medical and out-of-pocket costs you have incurred, as well as future costs that you are likely to incur.

In Southern Australia, you are eligible to make a motor vehicle accident compensation claim if the vehicle that caused the accident was registered in South Australia and if you were injured in the crash, and or, if a family member was fatally injured. It will have to be established that the driver, a passenger, or the owner of the other vehicle was partly or completely to blame.

Road safety rules are there for a reason - to keep road users safe. Therefore, it is vital that you always follow the road rules. If you are involved in an accident and it is established that you have not followed the road rules and you are partially to blame for the crash, your payout may be reduced. Contributory negligence deductions are not applicable to children under the age of 16.

The contributory negligence deductions will be as follows for people aged 16 and over:

A 25% fixed reduction will apply for anyone not wearing a seatbelt in motor vehicle accidents, and for wearing a helmet, which contributed to the extent of the injury, in the case of bicycle or motorbike accidents.

Passengers who did not travel in the appropriate passenger compartments, and in the event of this contributing to the accident or the severity of the injury, will face a 25% fixed reduction. People are not meant to sit in the back of vans or utility vehicles.

When driving with an intoxicated driver who had consumed drugs or alcohol, with face a 25% fixed reduction, or 50% if the driver's blood-alcohol count was higher than 0.15%. Drunk or drugged drivers who contributed to the crash, will face a minimum 25% reduction, or a minimum 50% reduction if their BAC was 0.15% or higher. Intoxicated passengers, cyclists or pedestrians who have contributed to their own injuries will face a minimum reduction of 25%.

Lawmakers are cracking down on behaviours that make our roads unsafe, which is why it is important to follow the road rules.  Also be aware that multiple reductions will apply to your motor vehicle accident compensation settlement for multiple offenses.