“Is My Motor Vehicle Compensation Offer Fair?”

When you receive an offer from an insurer for injuries sustained in a motor vehicle accident it is important to seek legal advice to ensure the offer is fair, writes Toni Emanuele.

On 1 July 2013 new legislation was introduced in South Australia that has significantly impacted the compensation that can be awarded to people involved in motor vehicle accidents. The most significant changes relate to compensation for pain and suffering and economic loss. Any injuries sustained are now graded under a new Injury Scale Value (ISV) and unless you reach certain levels on this ISV there is no entitlement to compensation for pain and suffering and future economic loss.

It is now almost 3 years since the changes were introduced. There are time limits that apply to these claims. They need to be settled or proceedings issued in the appropriate Court within 3 years of the accident. If you had an accident that occurred shortly after the legislation was introduced it is very likely that an offer will soon be made to you by the Third Party Insurer to settle the claim. There will be various parts to the offer. There may be a reduction applied on the basis that the insurer thinks you contributed to the accident in some way. How do you know if what is being offered is fair for the injuries sustained?

It is important to obtain legal advice before an offer is accepted. A lawyer with experience in motor accident claims can provide advice in relation to the current legislation and whether the offer is reasonable. There are also other issues to consider such as the impact on Centrelink and Medicare payments.

If compensation exceeds $25,000.00 you can claim legal costs from the insurer. The offer you get may be less than that but most lawyers with experience in these claims will meet with you for a free no obligation first interview and it is worth taking up that offer at the very least to find out more about the offer and whether it is worth engaging a lawyer.

The lawyers at TGB who have experience in motor vehicle claims offer a free first interview at any of our branch offices around the State.

For a free initial interview to talk with an experienced personal injury lawyer to assess whether your compensation offer is fair, contact your nearest TGB office.