On 13 December 2012, Magistrate Peter Snopek ruled in favour of Pace Lawyers & Adelaide Legal’s client (let’s call him “Andy”) granting him more time to make a claim for personal injuries resulting from a motor vehicle accident.
Under South Australian law, a claim for a motor vehicle accident must be brought within 3 years of the date of the accident. However, a court could extend this time limit on application by a Plaintiff in certain circumstances. Prior to 2004, a Plaintiff could easily obtain such an extension by showing that they were not aware that they were suffering from certain injuries during the time they were supposed to make a claim. In 2004, the South Australian Parliament tightened these requirements, making it more difficult for a Plaintiff to obtain an extension.
Andy suffered injuries from a motor vehicle accident that took place in 2005. He did not make a claim before the 2008 deadline. We met Andy in 2010 and, after hearing his story, concluded that he was likely suffering from psychological harm as well as physical injuries; a fact confirmed by a psychologist. It was on this basis that we applied to the Court for an extension of time.
This application was vigorously opposed by the Defendant insurer’s claims agent Allianz, but the Court was persuaded by our arguments and allowed Andy to make a claim against the insurer for both his physical and psychological injuries. In doing so, the Court agreed with our argument that Andy’s newly discovered psychological issues would have major significance on the calculation of Andy’s loss.
This judgment is a major victory for Andy as well as other injured parties and is just another example of our lawyers travelling that extra mile for our clients.
For more information regarding motor vehicle accident claim time, please call us on 8410 9294 or send an email via this form.