Who can make a CTP claim
If you were injured in an accident where a South Australian registered motor vehicle was at fault, you can make a claim against the South Australian CTP Scheme.
If you were injured as a passenger in an accident that involved only the motor vehicle you were travelling in (or ‘on’ in the case of a motorcycle or scooter), then you may be entitled to make a claim if the driver/rider was at fault. The driver or rider may not be entitled to make an injury claim against the CTP Insurance Scheme if they were at fault.
Support for injured children
The CTP Insurance Scheme provides cover for the necessary and reasonable treatment, care and support needs of children under the age of 16 injured in an accident which occurred in South Australia on or after 1 July 2013. That cover is available regardless of whether the child, a South Australian registered motor vehicle or an interstate registered vehicle was at fault. If an unknown or uninsured vehicle was involved, the Nominal Defendant Scheme will be liable for those expenses.
Lifetime Support Scheme (LSS) for serious injuries
The LSS is a no-fault scheme which provides treatment, care and support for people who suffer very serious injuries in motor vehicle accidents in South Australia.
The Lifetime Support Authority (LSA) delivers the South Australian Government’s LSS. The LSS applies to accidents which occured in South Australia on or after 1 July 2014.
As a no-fault scheme, the LSS is able to provide interim or lifetime support for people with serious lifetime injuries.
It means that at-fault drivers who sustain lifelong injuries in single motor vehicle crashes can now receive necessary and reasonable treatment, care and support, which was previously not available to them.
If you have sustained a very serious spinal or brain injury, amputation, major burns or blindness, you may qualify for support under the LSS. The eligibility criteria to assess whether lifetime support is required are outlined in the LSS Rules.
As a no-fault scheme, the LSS is able to support people seriously injured, who were previously only eligible to seek compensation if there was someone else at fault in the crash.
It means that people who are very seriously injured in motor vehicle accidents can now receive necessary and reasonable treatment, care and support, which was previously not available to them.
Who is eligible for the LSS?
If you sustained very serious injuries in a motor vehicle accident, which occurred in South Australia on or after 1 July 2014 you may be entitled to necessary and reasonable treatment, care and support under the Lifetime Support Scheme (LSS).
Eligibility is determined by your injury type, regardless of whether you or a South Australian registered motor vehicle were at fault and regardless of your age. Your application for LSS support will be dealt with by the Lifetime Support Authority (LSA) and is not part of your CTP Insurance claim.
Who is unable to make a CTP Insurance claim?
You are unable to make a CTP Insurance claim in South Australia if:
- your claim relates to damage to your vehicle;
- the motor vehicle you were driving was the only motor vehicle involved in the crash and no one else was at fault (unless you meet the requirements stated above for children or for the Lifetime Support Scheme).
- you were injured in an accident and the motor vehicle at fault was registered and insured by a CTP insurance insurer in another state or territory – even if the accident occurred in South Australia (unless you meet the requirements stated above for children). You may be able to make a claim with the relevant CTP insurance scheme in the State where the motor vehicle at fault is registered. You will find the contact details for interstate authorities here. Alternatively, you may qualify for the Lifetime Support Scheme.
If you are at fault
There are also a number of circumstances which may permit your insurer to recover from you the CTP Insurance compensation paid by them to the injured person. These circumstances include if you:
- drove an unregistered vehicle;
- were under the influence of alcohol or drugs;
- were speeding or driving dangerously;
- intentionally caused injury;
- drove a vehicle without the owner’s permission;
- don’t hold a current driver’s licence;
- drove an unroadworthy or overloaded vehicle.
The money recovered from you may include injury compensation and claims management costs.