When it comes to injuries caused by motor vehicle accidents, the first thing that often comes to mind are single or multi-vehicle collisions on public roadways. However, public or private carparks are also potential places for motor accidents – causing vehicle or property damage, and in some cases causing physical harm.
By their very nature, carparks present potentially hazardous conditions which can lead to accidents. Carparks are generally a hive of activity and designed in such a way to be relatively confined spaces featuring an array of distractions and obstacles. These hazards include:
Accidents in carparks can be caused by a myriad of reasons including:
Whose fault the accident is will depend on the circumstances of the incident. Obviously, driver responsibility extends to carparks and as such drivers must drive with due care and abide by any rules. Carpark owners and operators also have a duty of care to users and could be found negligent. And passengers or pedestrians can also be found at fault of an accident.
Whatever the cause of an accident and whoever is at fault - drivers, passengers, employees, and pedestrians are all at risk of sustaining minor or serious injuries - even death.
If you have sustained an injury in a carpark accident, you may be entitled to compensation. Compensation is usually paid to the injured person (the claimant), by or on behalf of the person who caused the injury (the defendant). In South Australia, owners of registered vehicles pay insurance premiums to cover both the owner and driver of the vehicle against the risk of being sued by someone injured by that vehicle. This system is known as Compulsory Third Party insurance (CTP).
A person making a claim must demonstrate:
Some of the claimable expenses include:
Other factors that have a bearing on a compensation payout include: liability (who is at fault), negligence (who had a duty of care), loss of financial dependency (e.g. spouse or minors), personal suffering, loss or grief (in the event a loved one dies), and reliance on domestic support as a result of injuries.
Claims for compensation are assessed on strict criteria and supporting evidence.
Under South Australian law, claimants must lodge a claim form within six months of the date of the accident, or in instances where the motor vehicle responsible for the accident was unknown or unregistered (and therefore uninsured for CTP), or the at-fault driver did not stop to provide their details, a claim can be made under the Nominal Defendant Scheme.
Generally, settlement of your CTP claim will occur after liability has been determined by the CTP Insurer, your injuries are considered medically stable, and the impact of the injuries is known.
Given the complexity of injury law and the strict time limits in which to make claims, it is vital to seek prompt legal advice so that proper steps can be taken to manage the claim process. Scammell & Co has extensive experience in making these claims on behalf of our clients.
For information on how a Scammell & Co injury lawyer can assist you with your motor vehicle accident injury compensation claim, click here
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
