How Car Park Accidents Are Handled Under NSW CTP Law
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).
A car park accident in New South Wales may still give rise to a claim for compensation under the Compulsory Third Party (CTP) insurance scheme, even if the incident occurred in a private car park, driveway, or access way. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 apply to motor vehicle accidents that occur in NSW, regardless of whether the vehicle was on a public road. The key factor is not the location, but whether the accident involved a motor vehicle and resulted in injury to a person who was a driver, passenger, pedestrian, cyclist, or motorcyclist at the time.
CTP insurance covers injuries caused by motor vehicles, including those that occur in shopping centres, office buildings, residential complexes, and private property used for access to public roads. The insurer of the vehicle that caused the accident is responsible for paying statutory benefits and, if applicable, damages. This means that a claim can be made even if the driver was not at fault, or if the accident occurred in a low-speed environment such as a car park.
What Claims Are Available After a Car Park Accident?
After a car park accident, an injured person may be entitled to several types of benefits under the CTP scheme. These include:
- Treatment and care benefits for medical treatment, rehabilitation, and allied health services
- Weekly income payments if the injury prevents the person from working
- A lump sum payment for permanent impairment, if the injury results in a whole person impairment (WPI) of 10% or more
- Damages for pain and suffering, out-of-pocket expenses, and loss of future earnings, but only if the injury meets the threshold for a damages claim
The availability of these benefits depends on the nature and severity of the injury, the date of the accident, and whether the injury is considered a threshold injury under the Motor Accident Injuries Act 2017.
Practical Steps and Evidence That Matter
To support a claim for a car park accident, it is essential to act promptly and preserve evidence. The following steps and records are commonly required:
- Seek medical attention immediately after the accident, even if injuries seem minor. A medical record from a general practitioner, specialist, or emergency department is critical.
- Report the accident to the police if there was a collision, damage to property, or injury, even if it occurred in a private car park.
- Take photographs of the vehicle damage, the scene, and any visible injuries.
- Collect contact details from witnesses, including security staff or other patrons.
- Keep a record of all out-of-pocket expenses related to the injury, such as transport costs, medication, or home modifications.
- Notify the CTP insurer of the claim as soon as possible. The insurer will provide a claim form and may request a medical report.
The insurer will assess the claim based on the evidence provided. If the injury is minor or falls within the threshold injury category, the claim may be limited to statutory benefits under the 52-week rule.
Real-World Example: A Car Park Collision in Sydney
A 34-year-old woman was backing out of a parking space in a shopping centre car park in Sydney when another vehicle, driven by a customer, struck her car from behind. She felt a sudden jolt and experienced neck and back pain. She was taken to a local hospital, where she was diagnosed with a soft-tissue injury to the neck and upper back. She was unable to return to work for six weeks.
She reported the accident to the shopping centre security, who provided a written statement and a copy of the car park camera footage showing the impact. She obtained a medical report from her general practitioner confirming the diagnosis and recommending physiotherapy. She also submitted her payslips and a letter from her employer confirming her absence from work.
Her CTP insurer accepted the claim and paid weekly income benefits for 12 weeks, provided treatment and care benefits for physiotherapy and mental health counselling, and later paid a lump sum for a 12% whole person impairment. Because her injury was not a threshold injury, she was not eligible for damages, but she received full statutory benefits.
Time Limits and Dispute Options
There is a time limit to make a claim under the CTP scheme. A claim must be made within three years of the accident date. However, if the injury is not immediately apparent, the time limit may begin from the date the injury was first diagnosed or when the person should have reasonably known about the injury.
If the insurer refuses to accept the claim, or if the amount offered is disputed, the claimant may request a review from the insurer. If the dispute remains unresolved, the matter may be referred to the State Insurance Regulatory Authority (SIRA) for review or to the NSW Civil and Administrative Tribunal (NCAT) for a formal determination.
When to Seek Independent Advice
Every claim depends on its own facts. The nature of the injury, the location of the accident, the presence of witnesses, and the timing of medical treatment all affect the outcome. Some claims may involve complex issues, such as whether the injury qualifies as a threshold injury, whether the vehicle was being used for a purpose that excludes coverage, or whether the claimant contributed to the accident.
Given the legal and procedural requirements, it is advisable to seek independent legal advice if:
- The insurer has denied the claim or offered less than expected
- The injury is ongoing or has worsened over time
- The claim involves a dispute over fault or the extent of the injury
- The claimant has a pre-existing condition that may have been aggravated
Next Step: Request Contact About Your Circumstances
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.