Frequently asked questions

An independent committee established under Section 129 of the Motor Vehicles Act, advises the Government on how much to charge for CTP Insurance premiums. The Committee determines rates on a fair and reasonable basis and allows for appropriate levels of funding and return so that MAC can continue to pay compensation to claimants.

MAC is the Motor Accident Commission of South Australia. MAC is a Statutory Authority established under the Motor Accident Commission Act 1992 and is accountable to the State Government and all South Australian road users.

In addition to providing a financially secure, affordable and equitable system of CTP insurance in SA, MAC also funds the South Australian road safety mass media campaign and supports road safety programs aimed at reducing deaths and injury on our roads.

For more information visit http://www.mac.sa.gov.au/about_mac

The common forms of compensation payments are made for:

• Treatment expenses
• Non-economic loss, including pain and suffering and disfigurement
• Loss of earning capacity (past and future) excluding the first week's loss
• Loss of dependency
• Attendant care
• Funeral

Reductions in compensation may apply in relation to:

• Seatbelts. A fixed 25% reduction for persons (16 years or older) not wearing a seatbelt as required under the Road Traffic Act.
• Safety Helmets. Depending on the circumstances of the accident and the injuries you suffer, a fixed 25% reduction for persons (16 years or older) not wearing a safety helmet as required by the Road Traffic Act.
• Passenger compartments. Depending on the circumstances of the accident and the injuries your suffer, a fixed 25% reduction for persons (16 years or older) travelling as a passenger in or on a motor vehicle with a passenger compartment, but not within the compartment (for example a van or utility).
• Alcohol and/or Drugs (intoxication).
• Drivers who have contributed to a crash and were intoxicated. There is a minimum 50% reduction when the Blood Alcohol Certificate (BAC) was 0.15 or more, or where the driver was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle. Otherwise, the minimum reduction is 25%.
• Passengers (16 years and older) who are were (or ought to have been) aware they were travelling with an intoxicated driver. There is a fixed 50% reduction when the driver's BAC was 0.15 or more, or when the driver was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle. Otherwise, the fixed reduction is 25%.
• Pedestrians/Cyclists who have contributed to their injuries and were intoxicated. There is a 25% or more reduction.

The above fixed reductions are in addition to any other reductions for contributory negligence.

An insured person, who may be an owner, driver or passenger and who is deemed to be more than 25% responsible for a motor vehicle crash will need to pay an excess. The maximum excess can be located at:

http://www.mac.sa.gov.au/motor_injury_insurance/faqs/drivers_and_owners

Allianz may authorise payment on behalf of MAC for treatment expenses such as:

• Medical
• Pharmaceutical
• Ambulance
• Hospital
• Physiotherapy
• Chiropractic

For information on entitlement to compensation for other treatment or services please contact Allianz.

The injured person is technically responsible for treatment expenses incurred prior to claims being settled. While Allianz has no legal obligation to pay accounts progressively, it does so, on behalf of MAC, providing certain conditions are met. It is advisable to enquire about the cost of treatment and eligibility for progress payments before agreeing to treatment.

Allianz considers making progressive payments on treatment accounts on a case by case basis.

Payment of accounts by Allianz may occur when:

• Liability is not in dispute or has been agreed
• A medical report confirms the need for treatment, where appropriate
• Treatment has been reasonably incurred as a result of the motor vehicle crash
• The amount of the account is appropriate

If there is any doubt, payment will be subject to further investigations or inquiries.

If you are deemed to be more than 25% responsible for a crash where someone was injured and have paid your CTP premium (via your registration) you will be required to pay an excess. This amount is indexed as at 1 January each year. The amount of the excess an insured person may have to pay will depend on the date the accident occurred. The maximum excess can be located at: http://www.mac.sa.gov.au/motor_injury_insurance/faqs/ drivers_and_owners.

You will be also required to fully co-operate with Allianz, which may include completing an Accident Report Form and returning it to Allianz. Penalties of up to $5,000.00 can apply for failing to co-operate with Allianz.

In some circumstances, the CTP compensation paid to the injured person may be recovered from you if, for example you:

• drove an unregistered vehicle
• were under the influence of alcohol or drugs
• were speeding or driving dangerously
• intentionally cause injury
• are guilty of a hit and run offence
• 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. This can amount to many thousands of dollars.

You could possibly make a claim against the Nominal Defendant. You can contact 1300 137 331 if you have any queries.

Some people prefer to consult a lawyer to assist them through the claims process. The Law Society of SA (ph: 08 8229 0288) can refer you to a lawyer if required.

Although legal fees are covered by the CTP Scheme, they are not fully covered. Therefore, it is likely that you may incur some out of pocket legal fees.