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've been injured in a car park accident in Newcastle or the Hunter region, knowing what evidence to preserve is crucial for a NSW Compulsory Third Party (CTP) claim. This article explains the specific records and documentation needed under the Motor Accident Injuries Act 2017 and SIRA guidelines. It also covers practical steps to take after a low-speed collision on private property or access ways.
What Evidence Matters for CTP Claims
Under NSW law, CTP claims require proof of the accident, injuries, and the claimant’s entitlement to benefits. Key evidence includes:
- Medical records: Document all injuries, treatments, and medical opinions. SIRA guidelines stress that injuries must meet the threshold injury definition under the Motor Accident Guidelines.
- Accident report: Obtain a written account from the scene, including details like vehicle descriptions, time, and location. If a police report is unavailable, a witness statement can help.
- Witness statements: Eyewitnesses can confirm the accident’s circumstances, such as speed, vehicle movements, or road conditions.
- Photographs: Capture the accident scene, vehicle damage, and any visible injuries. Avoid using phone cameras for medical injuries, stick to professional documentation.
- Income records: Show how the accident affected your ability to work, as weekly income payments may apply if injuries prevent you from earning a living.
How to Document Evidence at a Car Park Accident Scene
After a collision, take these steps:
- Secure the scene: Move vehicles to a safe location if possible. Avoid altering the scene unless it’s for safety.
- Record details: Note the time, location, and conditions. Use a phone to take photos of the vehicles, road markings, and any visible damage.
- Get witness contact details: Ask onlookers for their names and phone numbers. Witnesses can later provide statements to insurers or SIRA.
- a Preserve medical evidence: Seek immediate medical attention and ensure all records are kept. SIRA requires medical professionals to confirm injuries meet the threshold definition.
SIRA’s Guidance on Car Park Accidents
SIRA’s Motor Accident Claims page explains that car park accidents are treated under the same CTP rules as road accidents. However, the location (private property) may affect claims if the accident involves a vehicle not on public roads. For example, if a car park is part of a business premises, the owner’s insurance may apply instead of a CTP insurer. Always check with SIRA to confirm the correct scheme.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident if only threshold injuries are involved. If injuries exceed the threshold, time limits depend on the claimant’s recovery. Disputes over benefits or injuries should be resolved through SIRA’s review process, not the courts. Always act quickly to avoid missing deadlines.
When to Seek Legal Advice
While SIRA provides a claims process, complex cases may require legal assistance. For example, if the accident involves multiple vehicles, unclear fault, or disputes over medical evidence, a solicitor can help navigate the CTP scheme. Always contact SIRA first to understand your options before seeking legal representation.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.