Time Limits for Bus Passenger Injury Claims in NSW
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured as a passenger on a bus in New South Wales, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. However, there are strict time limits for making claims. Under the Motor Accident Injuries Act 2 or 2017, you must act within 52 weeks of the accident to claim certain benefits like weekly payments or treatment costs. This period starts from the date of the accident, not when you first seek medical help.
How SIRA Guidelines Apply to Bus Passenger Injuries
The State Insurance Regulatory Authority (SIRA) oversees CTP claims in NSW. According to SIRA’s guidelines, passengers injured in bus accidents must notify their insurer within 52 weeks to access benefits. This applies even if the injury is minor, such as a soft-tissue injury. However, if your injury is classified as a 'threshold injury' under the Motor Accident Guidelines, you may not be eligible for ongoing weekly payments after 52 weeks, though you can still claim treatment costs.
Factors Affecting Time Limits
Several factors can influence the time limits for your claim:
- Type of injury: Threshold injuries (e.g., whiplash) have stricter limits than more severe injuries.
- When you seek treatment: You must notify the insurer within 52 weeks of the accident, even if treatment starts later.
- Nature of the claim: Benefits like weekly payments have a 52-week limit, but you can still pursue a common law damages claim within 6 years of the accident under NSW civil law.
- Bus operator responsibility: If the bus company or driver is at fault, this may affect your ability to claim under CTP or pursue a separate claim.
Example: When Time Limits Matter
Imagine a passenger injured in a bus crash on 1 July 2025. They must notify the insurer by 30 June 2026 to claim weekly payments. If they wait until August 2026, they may lose access to those benefits. However, they can still seek compensation for pain and suffering under common law, provided they file a claim by 1 July 2031.
What to Do If You’re Concerned About Time Limits
If you’re unsure whether you’ve missed a deadline, contact a legal professional immediately. While the 52-week period for benefits is strict, there are exceptions. For example, if you were unaware of your rights or faced delays in seeking medical care, a lawyer may help you explore options.
Next Steps
Time limits for CTP claims depend on the accident date, injury type, and when you act. To ensure you meet all requirements, complete the quick, no obligation enquiry form to discuss your circumstances with a legal expert.