Can You Still Claim Compensation if the Accident Was Your Fault in SA?

Can You Still Claim Compensation if the Accident Was Your Fault in SA?

Many South Australians assume that if they were partly or fully at fault for an accident, they can’t claim compensation.

That’s not true.

South Australian law recognises that life isn’t black and white — and accidents often involve shared responsibility.

You may still be eligible for significant compensation, even if you made a mistake.

Understanding “Contributory Negligence”

The legal term for this situation is contributory negligence.

It means:

• You were partly responsible for the accident…
• …but someone else was too.

In these cases, your compensation may be reduced, not denied outright.

Examples Where You Can Still Claim in SA

• 🚗 You were hit from behind but didn’t indicate properly
• 🏍️ You weren’t wearing full protective gear on a motorbike
• 🚶‍♀️ You crossed the road without using a pedestrian crossing
• 🧰 You didn’t follow a work procedure, but your employer failed to train you
• 🚙 You were speeding, but another driver caused the collision

In all these examples, you may still have a claim — especially if your injuries are serious.

How Compensation Is Calculated If You're at Fault

Let’s say your injury is worth $100,000 in compensation.

If you’re found 30% at fault, you may still receive $70,000.

That’s life-changing money — and worth fighting for.

The Danger of Assuming You Have No Case

Many people don’t seek advice because they believe:

“It was my fault, so there’s no point.”

That’s exactly what some insurers hope you’ll think.

But the law in SA is more generous than you might realise — and the only way to know for sure is to get a legal opinion.

Get a Straight Answer – For Free

At Mahony’s Lawyers, we review your situation at no cost and tell you:

• Whether you have a valid claim
• What you could be entitled to
• How your level of fault may impact your payout

👉 Get a free case review here

Frequently Asked Questions

Can I still claim if I was 100% at fault?
Generally, no — unless other circumstances apply (like a work-related accident or defective vehicle). But most people are not 100% at fault, even if they think they are.

What if I was partly responsible for a car accident?
You may still be eligible for compensation under SA’s CTP scheme. Your entitlement will be reduced based on your percentage of fault.

What if I caused my own work injury?
You might still qualify under ReturnToWorkSA. Workplaces have a duty to provide training, equipment, and safe systems — and many “self-caused” injuries still qualify.

Is it worth speaking to a lawyer if I think I’m to blame?
Yes. Many clients are surprised to learn they do have a case. The first consultation is free, and there’s nothing to lose by asking.

Don’t Assume. Ask.

If you've been injured, don’t let assumptions or guilt stop you from exploring your rights. Get real advice, and make an informed decision.

👉 Speak to Mahony’s Lawyers for free

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