Eligibility for compensation

For your CTP Insurer to assess your eligibility, a number of legal requirements must be met. You may be able to claim for compensation if you have been injured in a motor vehicle accident that was not your fault, when:

• fault, or partial fault, has been established on the part of a South Australian-registered motor vehicle or your claim has been accepted under the Nominal Defendant Scheme, and
• you meet thresholds depending on the seriousness of your injury.

Eligibility for compensation is set out in Part 8 of the Civil Liability Act 1936 (the CL Act).

It is important that you, or your legal representative, discuss this aspect of your claim with the CTP Insurer as soon as possible after you lodge your claim, as you are required to prove your eligibility for compensation.

Your eligibility for compensation (known as heads of damages) will depend on the severity of your injury and must be assessed under the CL Act. You may be required to undertake an Injury Scale Value (ISV) medical assessment, which will assign an item number for your injury (or injuries).

Schedule 1 of the Civil Liability Regulations 2013 sets out item numbers, injury descriptions and a range of values for particular injuries, on a scale of 0-100. View the ISV Table, listing ISVs and their associated monetary value.

To be eligible for compensation, minimum ISVs apply for your accident-related injury (or your dominant injury, which is the injury with the highest rating, if you sustained multiple injuries). See more information about ISV requirements.

Types of compensation

Click the links below to find out about the types of compensation that can be part of a CTP claim.

• Non-economic loss
• Economic loss
• Gratuitous services
• Loss of consortium
• Legal costs
• Fatality claims
• Serious injuries