I have received uninvited contact regarding a motor vehicle accident. What should I do?
Please be wary of uninvited contact relating to potential motor vehicle accident claims. You may or may not have been involved in a motor vehicle accident. They may offer to refer you to a claims, compensation, government or legal service. This contact may be deceptive or misleading about your eligibility to make a claim or your eligibility for compensation. We strongly encourage anyone receiving such contact to protect their personal information. Do not complete any forms that are sent to you without verifying the source.
Should you receive contact of this nature, attempt to identify the source by asking for:
- Their organisation
- Their name
- Their phone number to call them back
- Their website and email
Do not provide them with your personal information.
If you receive uninvited contact please contact us, the CTP Insurance Regulator, on:
Phone: 1300 303 558 or
What if I’m responsible for a crash where someone is injured?
If you are at fault in a crash where someone else was injured and you have paid your CTP premium (via your registration) you will be indemnified by the CTP insurance scheme if the injured person lodges a CTP claim seeking compensation for their injuries (subject to rights of recovery for any breach of policy).
If you were the owner, person responsible for or driver of a motor vehicle involved in a crash where another person has been injured, you will need to report it to the police and you will be asked to complete an Accident Report Form and submit it to the approved insurer of the motor vehicle. Accident Report Forms are available online or by contacting the South Australian CTP Insurance Personal Injury Helpline.
Do I have to pay excess?
An excess applies to all drivers/owners who are found to be more than 25% at fault for a crash where someone else is injured. You will be advised if an excess will apply and the amount of the excess once liability (fault) has been confirmed.
The excess is not payable until the payments made to the injured person have reached or exceeded the excess amount. You will receive a letter advising of this and requesting payment of the excess. If payments do not reach the amount of the excess you will be advised of the lesser amount and payment will then be requested. The amount is dependent on the year of the crash.
What am I not covered for?
You should be aware that the CTP Insurance scheme may recover any compensation paid to the injured person from you if you have breached the CTP insurance policy.
- driving while under the influence of alcohol or drugs
- driving dangerously
- intentionally causing injury
- driving a vehicle without the owner’s permission
- driving without holding a current driver’s licence
- driving an unroadworthy or overloaded vehicle
- committing an offence against Section 43 of the Road Traffic Act (hit and run)
The Policy of Compulsory Third Party Insurance is outlined in Schedule 4 of the Motor Vehicles Act 1959. Section 124A of the Motor Vehicles Act 1959 gives the insurer the right to seek recovery of any injury compensation and claims management costs against an insured person who has failed to comply with a term of the policy of insurance.
Overall, if an insured person is found to be in breach of the policy of insurance, and their conduct has caused an injury, an approved insurer can pursue the insured driver and depending on the circumstances, recover up to whatever costs have been incurred in relation to the injury claims arising out of that crash. This can amount to many thousands of dollars.
What if I am uninsured?
In South Australia it is an offence to drive a vehicle which does not have CTP insurance. A maximum penalty of $10,000 applies (Section 102 of the Motor Vehicles Act 1959).
In addition, if you are at fault in a crash that causes injury to another person and you do not have CTP insurance, you may be liable to reimburse the relevant approved insurer for the costs that have been incurred in relation to the injury claims arising out of the crash.
You will also be subject to equivalent rights of recovery (under Section 116 of the Motor Vehicles Act 1959) as discussed above in respect of an insured driver if you:
- drove while under the influence of alcohol or drugs
- drove dangerously
- intentionally caused injury
- committed a hit and run offence under section 43 of the Road Traffic Act 1961
- drove without holding a current drivers licence
- drove an unroadworthy or overloaded vehicle.
What does the private CTP Insurance model include?
The private sector model includes:
- Premium prices will remain fixed for the first three years with increases around three per cent on average, each year, to ensure a smooth transition for both insurers and motorists.
- Transition to a fully contestable market from year four.
- An industry-specific CTP Insurance Regulator who will ensure fair and affordable CTP insurance premiums and protection for motorists.
- The Department of Planning, Transport and Infrastructure will continue to issue CTP insurance renewal notices, and provide premium collection services as part of the vehicle registration process. Motorists should experience minimal change in the way they register their vehicles.
Will premiums go up?
Premium prices will remain fixed for the first three years with increases around three percent on average, each year, to ensure a smooth transition for both insurers and motorists.
Have my legal rights changed?
No. There are no intended changes to the legal rights of motorists.
- MAC is the current provider of the CTP insurance policy to all registered vehicles in South Australia.
- From 1 July 2016, MAC will cease its role as the sole provider of CTP vehicle insurance in South Australia.
- Approved insurers will provide the same level of CTP insurance coverage as currently provided by MAC and detailed in the legislation.
Can I still insure with the Motor Accident Commission (MAC)?
No. From 1 July 2016 MAC will cease to provide CTP insurance to members of the motoring public.
Will the MAC continue to protect the community through road safety initiatives?
Yes, MAC will continue operating its non-commercial community programs, including sponsorship of road safety research and communications aimed at safer road user behaviour.
- The government has committed to maintaining the current level of funding for the road safety component.
- Funding for emergency services, road safety programs and the role of the Nominal Defendant currently provided by MAC from CTP premiums will continue to be provided.
So what happens now?
Supporting you in your recovery