Proposed changes to the car accident compensation scheme could mean all victims with catastrophic injuries received insurance compensation. Source: AdelaideNow
LAWYERS have mobilised against a planned overhaul of the car accident compensation scheme warning it will strip away victims' rights while compensating people who cause their own injuries.
As Treasurer Jack Snelling prepares to take reform proposals to State Cabinet soon, lawyers claim beneficiaries could include hoon and drunk drivers.
The proposed changes could see all victims with catastrophic injuries receive insurance compensation. At the moment about a dozen such victims a year miss out because there is no other driver to sue.
The extra cost of this new measure would be offset by changes to stop some people suing for extra pain and suffering payments.
Such changes would also significantly cut the Motor Accident Commission's legal costs.
Community figures including Dr Bill Griggs, Dr Ruth Marshall and Police Commissioner Gary Burns support changes to cover all people with catastrophic injuries. However, SA Law Society president-elect Morry Bailes warned they would be "unjust and economically irresponsible".
Mr Bailes, managing partner at law firm Tindall Gask Bentley, said the proposals would drastically reduce entitlements for the thousands of people injured in road accidents.
"Our state should be big enough to look after the needs of catastrophic claimants separately, without robbing the rights of other injured people," he said.
"The majority of accidents are the fault of someone does the community really want those at fault to receive the same compensation as the innocent victim?"
Prominent Adelaide lawyer Peter Humphries predicted the community would have reservations about compensation beyond public health care for people who cause their own injuries through hoon driving, drink driving or speeding.
"This will turn the Motor Accident Commission into WorkCover Mark 2," he said.
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