Understanding Liability in Car Park Accidents in Ashfield, NSW
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 Ashfield, NSW, may still be covered by the Compulsory Third Party (CTP) insurance scheme, even though the incident occurred on private property or in a car park. The key factor is not the location but whether the motor vehicle was being used in a way that falls under the Motor Accident Injuries Act 2017. Insurers assess liability based on the circumstances of the accident, including who was driving, the speed of the vehicle, whether there was a collision, and whether any party was negligent. This includes accidents involving pedestrians, cyclists, or other vehicles in a car park, driveway, or private access way.
What the NSW CTP Scheme Says About Liability
Under the Motor Accident Injuries Act 2017, CTP insurers are required to assess liability in motor accidents regardless of whether the incident occurred on a public road. The law applies to any use of a motor vehicle that results in injury, including in car parks, private driveways, or access roads to buildings. The insurer must determine whether the driver of the vehicle failed to drive with reasonable care and skill, and whether that failure caused the injury.
Insurers use the Motor Accident Guidelines to assess whether a driver was at fault. These guidelines state that liability is not automatically determined by who was at fault in a traffic sense, but by whether a driver’s actions fell below the standard of a reasonable person in similar circumstances. For example, a driver who reversed too fast in a car park and struck a pedestrian may be found liable, even if no traffic laws were broken.
Factors Insurers Consider When Assessing Liability
Insurers assess liability by examining several practical and legal factors. These include:
- The speed of the vehicle at the time of the incident
- Whether the driver had a clear view of the area and could have avoided the collision
- Whether the driver was distracted or impaired
- Whether the pedestrian or other party was in a position that made the accident foreseeable
- Whether there were any traffic control devices, signs, or markings in the car park
- The presence of witnesses and any available video or photographic evidence
In Ashfield, as in other parts of NSW, insurers often rely on CCTV footage from shopping centres, office buildings, or private car parks to assess the sequence of events. If footage is not available, they may rely on witness statements, accident reports, and medical evidence to reconstruct the incident.
Evidence That Can Support or Challenge a Liability Assessment
Claimants involved in a car park accident should preserve all available evidence. This includes:
- Medical records showing the nature and timing of injuries
- Photographs of the accident scene, vehicle damage, and any visible injuries
- A written account of the incident, including the time, weather, and actions taken before and after
- Witness contact details and statements
- Security camera footage, if available
- A copy of the police report, if one was filed
A claimant who disagrees with an insurer’s liability assessment may request a review. Insurers are required to provide a written explanation of their decision. If the claimant believes the assessment is incorrect, they may seek an independent review through the Motor Accident Commission (MAC) or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination.
Time Limits and Procedural Requirements
There is a time limit for making a claim under the CTP scheme. A claim must generally be made within three years of the accident date. However, for claims involving a threshold injury, the time limit may be shorter depending on when treatment and care benefits were first accessed. The Motor Accident Injuries Regulation 2017 sets out the procedural requirements for notifying an insurer and submitting a claim.
In Ashfield, as elsewhere in NSW, claimants must notify the insurer within 28 days of the accident if they are seeking weekly income payments or treatment and care benefits. Failure to notify within this period may result in a delay or denial of benefits, unless a valid reason for the delay is provided.
When to Seek Independent Advice
A claimant who has been injured in a car park accident in Ashfield should consider seeking independent advice if:
- The insurer denies liability without a clear explanation
- The insurer offers a settlement that does not cover all treatment and care needs
- The claimant believes the accident was caused by a driver who was distracted, impaired, or not in control of the vehicle
- The injury is ongoing and the claimant is concerned about future care needs
The Motor Accident Commission (MAC) provides free information and guidance on making a claim. However, independent legal advice may be necessary to challenge a liability decision or to pursue a damages claim.
A Practical Example: A Car Park Collision in Ashfield
A pedestrian was struck by a vehicle reversing in a shopping centre car park in Ashfield. The driver claimed they did not see the pedestrian due to poor lighting and a blind spot. CCTV footage showed the driver was reversing at a moderate speed, but failed to check mirrors or look ahead. The pedestrian sustained a minor back injury and required medical treatment. The insurer initially denied liability, citing the pedestrian’s failure to use a designated walkway. However, the claimant provided witness statements and the CCTV footage, which showed the driver had not taken reasonable steps to avoid the collision. The insurer later accepted liability after a review.
Next Steps for Claimants
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.