What changed for car park accident claims after the 2017 CTP reforms?
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).
Car park accidents in NSW are now governed by the Motor Accident Injuries Act 2017, which introduced significant changes to how compensation is accessed and awarded. Prior to 2017, claims for low-speed incidents in private areas such as car parks were often subject to dispute over whether the accident occurred on a public road. The 2017 reforms removed that uncertainty by extending CTP coverage to motor accidents that occur on private property, including car parks, driveways, and access roads, provided the vehicle was being used in a way that would have been permitted on a public road.
This means that if you were injured in a car park in Albury, or any other NSW location, you may be entitled to CTP benefits even if the vehicle was not on a public road at the time. The reforms also introduced a clearer framework for assessing injuries, including the definition of a threshold injury, and established a more structured process for claiming treatment and care benefits, weekly income payments, and damages.
Who is covered and what benefits are available?
Under the current CTP scheme, anyone who is injured in a motor accident in NSW, including drivers, passengers, pedestrians, cyclists, and motorcyclists, may be eligible for benefits. This includes individuals injured in a car park, provided the accident occurred while the vehicle was being used for transport, not for maintenance or storage.
The benefits available depend on the nature and severity of the injury. You may be entitled to:
- Treatment and care benefits, including medical treatment, rehabilitation, and allied health services
- Weekly income payments if you are unable to work due to injury
- Damages for pain and suffering, loss of enjoyment of life, and future care needs, but only if you meet the threshold for a serious injury
The 2017 reforms made it easier to access treatment and care benefits quickly, with no need to prove fault. However, damages are only available if the injury meets the threshold for a serious injury, as defined in the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines.
What must be established to claim compensation?
To claim compensation for a car park accident in NSW, you must establish that:
- The incident was a motor accident involving a motor vehicle
- You were injured as a result of that accident
- The vehicle was being used for transport at the time
The law does not require you to prove fault to access treatment and care benefits or weekly income payments. However, if you wish to claim damages, you must demonstrate that your injury meets the threshold for a serious injury. This includes injuries that result in a permanent impairment of at least 10% of the whole person, or injuries that are considered serious under the Motor Accident Guidelines.
A spinal nerve-root injury that causes neurological signs such as muscle weakness, sensory loss, or reflex changes may qualify as a threshold injury, even if it does not result in radiculopathy. However, radiculopathy, defined as pain radiating along a nerve pathway, requires specific clinical signs to qualify under the Guidelines.
What evidence supports a claim?
Strong evidence is essential to support a claim. You should preserve and collect the following documents and records:
- Medical records from your treating practitioner, including diagnosis, treatment plan, and any assessments of impairment
- A police report, if one was filed at the scene
- Photographs of the vehicle damage, the car park environment, and any visible injuries
- Witness statements, including contact details and a brief account of what they observed
- A record of any lost income, including payslips and a letter from your employer
- Correspondence with your insurer, including claim forms and acknowledgment of receipt
SIRA’s guidance confirms that evidence of the accident’s timing, location, and nature is critical. For car park accidents, this may include CCTV footage, access logs, or security camera recordings. These can help establish that the vehicle was in motion and that the collision occurred during a normal driving event.
Time limits and procedural requirements
There are time limits that apply to motor accident claims in NSW. You must notify your insurer of your claim within 6 months of the accident. Failure to do so may result in your claim being denied, unless you can demonstrate a reasonable excuse.
If you are claiming damages, you must file your claim within 3 years of the accident date. This is a strict deadline under the Limitations Act 1969.
For claims involving only threshold injuries, the law limits weekly benefits and treatment and care benefits to 52 weeks from the date of injury. This applies even if you are still recovering. After 52 weeks, you may still be eligible for a review or a claim for damages if your injury meets the threshold.
When to seek independent advice
The 2017 reforms created a more structured but complex system. While you can make a claim yourself, the process involves multiple steps, evidence requirements, and legal thresholds that can be difficult to navigate without assistance.
You may benefit from speaking with a legal professional if:
- Your injury is complex or ongoing
- You are unsure whether your injury meets the threshold for damages
- You have been denied benefits or are disputing a decision
- You believe your claim has been undervalued
SIRA provides information and guidance, but it does not represent you in disputes or negotiations. An independent legal adviser can help you understand your rights, prepare evidence, and advocate for a fair outcome.
Practical example
A pedestrian in Albury was struck by a car while crossing a car park at a shopping centre. The vehicle was moving slowly, and the driver was distracted. The pedestrian sustained a soft-tissue injury to the neck and back, with ongoing pain and limited mobility. Medical records confirmed a spinal nerve-root injury with neurological signs including reduced reflexes and muscle weakness. The injury was assessed as a threshold injury under the Motor Accident Guidelines.
The pedestrian made a claim for treatment and care benefits and weekly income payments. After 52 weeks, they applied for a review of their benefits and submitted a claim for damages, supported by a medical report establishing a 15% whole person impairment. Their claim was successful because the injury met the threshold and the evidence was comprehensive.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.