Your entitlement to claim for assistance as a result of injuries sustained in a motor vehicle accident explained

PART 3. Motor Vehicle Accident Claims:

 

Involved in a motor vehicle accident which was not your fault? You may be able to claim for the assistance you receive because of your injuries

Sometimes after a motor vehicle accident a family member or friend will provide assistance to an injured person who can no longer attend to various tasks due to the injuries suffered. This might include assistance such as cleaning, washing, gardening, shopping or transportation to doctors and physiotherapists etc. That is, this assistance is given because the injured person can no longer perform these tasks, due to the injuries sustained.

In law, this assistance is known as “voluntary services” and if certain criteria are met, damages (compensation) can be claimed up to the date of settlement. This is known as “past voluntary services” which is payable to the injured person.

Damages are not awarded unless the voluntary services are provided by a parent, spouse, domestic partner or child of the injured person. The amount that is payable cannot exceed the equivalent to four times State Average Weekly Earnings. However, a Court may make an award in excess of this sum, if the services are reasonably required by the injured person and, if not so provided, the injured person would have had to engage another person and pay for those services.

In my previous article, I referred to claims for pain and suffering and in particular the significant changes that were made to the law in 2013. In particular, I referred to the necessity of having to reach a threshold of Injury Scale Value of 11 or more before damages are payable by the insurer for pain and suffering.

That same legislation added further criteria for claims for past voluntary services.

An injured person will not be able to make a claim for past voluntary services unless:

This law also limited the hourly rate that can be used in calculating past services. The hourly rate must not exceed the rate prescribed by the Regulations. At the time that the law was enacted, the rate was $25.00 per hour.

If the injuries appear to be serious enough to require this assistance, we often recommend that a diary be kept to record the services provided, by whom and the time spent in relation to those services so that there is contemporaneous evidence that is required to make such a claim.

Future Domestic Assistance

In some cases, an injured person will be left with a permanent disability which may impact on various parts of their life including their ability to perform activities of daily living. This might include difficulties with cleaning, washing, gardening and maintenance tasks in and around the home. In some cases, an Activities of Daily Living assessment report can be obtained from an occupational therapist. This will identify the services that are likely to be needed in the future as well as equipment needed.

There is no threshold and the hourly rate for those services is not limited but instead is at normal commercial rates.

When considering making these claims, it is vital to gather supportive evidence as early as possible.

Accordingly, getting advice early is very important. If you have been injured in a motor vehicle accident, it is important you seek prompt advice so that proper steps can be taken to gather the required evidence. At Scammell & Co, we have extensive experience in making these claims on behalf of our clients.

Click here for further information about our Motor Vehicle Accident claim services.

Contact us for your FREE initial consultation. No win - No fee arrangements available.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Impacted by an Adelaide infrastructure project? Get fair compensation.

Scammell & Co are assisting Adelaide property owners and businesses who find themselves at a stalemate with the DPTI over compensation

The Government of South Australia has announced $12.9 billion worth of infrastructure spending on major projects across the state over the next four years. Such projects are crucial in meeting the future needs of the state’s growing population, providing economic stimulus - including much needed job opportunities during the planning and construction phases and ultimately making the city’s roads safer and more efficient for all users. Unfortunately, they also come at a cost to existing property owners and businesses - forced to make way for such projects.

Current projects either in the planning or construction stage include:

From the list above, two examples of road projects causing significant stress and anxiety for property owners and businesses include:

Some of the residents and business owners affected by these projects claim that up until now there has been poor communication from the Department of Planning, Transport and Infrastructure (DPTI) - with little to no community consultation. Issues around the loss of local amenity and the fact that there has been a disregard for buildings or other structures of historical significance is adding to people’s concerns over the projects. Furthermore, those affected claim negotiations currently underway regarding financial compensation have been woefully inadequate.

Government SA - Department of Planning, Transport & Infrastructure draft proposal - Portrush and Magill Roads intersection upgrade.

Compensation is based on fair market value of the property to be acquired. Other factors considered when determining compensation may include any loss to the remaining land caused by partial acquisition; any loss due to disturbance; and special value including any business based issues. Reasonable costs such as valuation fees, legal expenses and conveyancing related to the acquisition should also be reimbursed.

If affected parties object to the purchase, there are established procedures for appeal to the Courts, which may include an objection or alteration to the acquisition. This review may or may not be successful.

Scammell & Co. Solicitors are one of South Australia’s leading property law firms and have extensive experience in property acquisitions. We provide independent legal advice to ensure the rights of property owners, businesses and tenants are not diminished, and they get the compensation they are entitled to.

If you would like to discuss your unique circumstances, please contact us today for a confidential and obligation-free initial consultation on (08) 84474466.

For further information please visit our Compulsory Acquisitions page.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.