What Changed for Car Park Accidents in NSW After 2017?
Car park accidents in Greater Sydney are now governed by the Motor Accident Injuries Act 2017 (MAIA), which replaced the previous Motor Accidents Compensation Act 1999. The 2017 reforms introduced a new framework for motor accident compensation that applies to all motor vehicle incidents in NSW, including those occurring in private car parks, driveways, and access roads, regardless of location or vehicle use.
The key changes include a new threshold for claiming damages, a focus on impairment rather than injury type, and a structured approach to benefits. These changes apply to all accidents occurring on or after 1 December 2017, including those in Greater Sydney’s residential, commercial, and retail car parks.
How the 2017 Reforms Affect Car Park Accident Claims
Under the MAIA, a claim for compensation in a car park accident depends on whether the injury meets the statutory threshold for damages. This means that not all injuries, even if caused by a motor vehicle, will allow a claim for damages. The threshold is based on the degree of whole person impairment (WPI) caused by the accident.
For a claim to proceed to damages, the injured person must have a WPI of at least 10%. This applies whether the accident happened on a public road, in a shopping centre car park, or on private property used for vehicle access. The 10% threshold is a legal requirement and does not vary by location.
If the injury does not meet the 10% WPI threshold, the claimant may still be entitled to statutory benefits such as treatment and care, and weekly income payments, but cannot claim damages for pain and suffering or loss of enjoyment of life.
What SIRA Guidelines Apply to Car Park Accidents?
The State Insurance Regulatory Authority (SIRA) provides guidance on how the MAIA applies to car park accidents. SIRA confirms that a motor vehicle accident in a car park is covered by CTP insurance if it involves a motor vehicle and results in injury to a person.
SIRA’s Motor Accident Guidelines define a motor vehicle as any vehicle used on a road or road-related area, including private car parks and access roads. The legal test for coverage is not the type of property but whether the vehicle was being used in a way that constitutes a motor vehicle accident under the MAIA.
For example, if a car collides with a pedestrian in a shopping centre car park, or a vehicle reverses into another vehicle while parked, and someone is injured, the CTP insurer is responsible for providing benefits under the MAIA.
SIRA also confirms that the 52-week rule for statutory benefits applies to car park accidents. This means that if a person’s only injuries are threshold injuries (i.e., those that meet the 10% WPI threshold), treatment and care benefits and weekly income payments are generally limited to 52 weeks from the date of the accident.
Practical Steps and Evidence That Matter
To support a claim for a car park accident, the following evidence is essential:
- A medical report confirming the injury and its link to the accident.
- A record of treatment received, including dates, types of treatment, and outcomes.
- Photographs of the accident scene, vehicle damage, and any visible injuries.
- A witness statement, if available, describing how the accident occurred.
- A police report, if one was filed, even if the accident was low-speed.
- An accident report from the property owner or manager, if applicable.
It is important to report the accident to the CTP insurer as soon as possible. While there is no fixed deadline for notification, delays may affect the insurer’s ability to investigate and assess the claim.
Time Limits and Dispute Options
There is no fixed time limit for making a CTP claim in NSW, but it is advisable to act promptly. The 52-week limit for statutory benefits begins from the date of the accident, not the date of injury diagnosis. This means that if treatment extends beyond 52 weeks, the claimant may need to apply for a review or dispute the insurer’s decision to stop payments.
If an insurer refuses to pay benefits or disputes the WPI assessment, the claimant may apply to SIRA for a review. SIRA provides a formal process for disputing a decision, including the right to have an independent medical assessment.
A claimant may also choose to seek legal advice if they believe the insurer has not met its obligations under the MAIA. However, the claimant must not delay in seeking medical treatment or in notifying the insurer, as failure to do so may impact the claim.
When to Seek Advice
A car park accident may seem minor, but injuries such as whiplash, back strain, or concussion can have long-term effects. The 10% WPI threshold is not based on symptoms alone but on a formal assessment using the Australian National Injury and Impairment Guidelines.
If you have been injured in a car park accident in Greater Sydney and are unsure whether your injury meets the threshold for damages, it is important to seek independent medical advice and to contact a qualified professional to discuss your rights under the MAIA.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.