NSW CTP insurers evaluate car park accident claims based on the Motor Accident Injuries Act 2017 and SIRA guidelines. This article explains the factors insurers consider, how compensation is determined, and steps to take if a claim is denied.
Key factors insurers assess
NSW CTP insurers evaluate claims by considering the accident's circumstances, the nature of injuries, and whether the injury meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017. For example, a low-speed collision in a car park may result in soft tissue injuries, which are typically covered under the scheme. Insurers also assess whether the injured person's injuries are 'only injuries', meaning they do not involve long-term impairment or permanent damage. This distinction affects whether weekly benefits or treatment and care benefits apply.
How compensation is determined
Compensation for car park accidents depends on the type of injury and its impact. Under the Motor Accident Injuries Act 2017, injuries meeting the 'threshold injury' criteria (such as whiplash or soft tissue damage) entitle claimants to treatment and care benefits, weekly income payments, and compensation for lost wages. More severe injuries, like fractures or neurological damage, may qualify for higher compensation. SIRA guidelines outline specific clinical signs required to meet threshold injury criteria, such as spinal nerve-root injuries producing neurological signs.
Practical steps for claimants
If your claim is denied or disputed, take the following steps: 1) Review the insurer's decision letter to understand the reason for rejection. 2) Gather medical records confirming your injuries and their link to the accident. 3) Seek independent medical advice if the insurer disputes the severity of your injuries. 4) Contact SIRA or a legal professional to challenge the decision. Time limits apply, claims must be submitted within 52 weeks of the accident for certain benefits, though this does not apply to all compensation types.
Example scenario
Consider a pedestrian injured in a low-speed collision at a shopping centre car park. The insurer may assess whether the injury meets the threshold injury definition. If the injury is classified as a soft tissue injury (e.g., bruising or minor whiplash), the claimant is entitled to treatment and care benefits. However, if the injury does not meet the threshold criteria, the insurer may limit benefits after 52 weeks, as the Act provides for this limitation.
When to seek advice
If you disagree with an insurer's decision, consult a legal professional. NSW CTP claims can be complex, and insurers may dispute fault, injury severity, or eligibility for benefits. An experienced solicitor can help you challenge a decision or negotiate a fair settlement.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.