If you are involved in a motor vehicle accident and the accident was not your fault and sustained injuries as a result of your motor vehicle accident you may be entitled to compensation for pain and suffering, losses and damages.

The relevant compulsory third party insurer in South Australia is Allianz Australia Limited. If you were hit by a vehicle that was registered in South Australia then the relevant insurer would be Allianz Australia Limited. However if the vehicle is registered in another State the relevant insurer may be a different insurer (ie, Victoria Transport Accident Commission, Queensland AAMI etc).

The law of the State in which the accident occurred applies. If the vehicle was uninsured or unregistered or registration number was not obtained then the relevant insurer in South Australia is of the Nominal Defendant. For you to be entitled to a claim for compensation pursuant to a motor vehicle accident, two issues must be considered:

1. Liability (determine that the accident was not your fault; if partly your fault then it will be noted that you were contributory negligent and only awarded damages to the value of minus the percentage for which you were considered negligent, if you were not a driver but a passenger then liability in most cases should not be an issue); and

2. Quantum (that you suffered injuries as a result of the motor vehicle accident and have affected you for a period of at least 7 days.

From the date of occurrence of the motor vehicle accident you have three years to make a claim. If the claim is not finalised within three years then you must issue proceedings within the relevant Court to prevent the matter from being out of time and to protect your interests in the matter.