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).
Insurers assess liability in car park accidents under NSW Compulsory Third Party (CTP) laws by evaluating fault, evidence, and the specific circumstances of the incident. In Greater Sydney, claims typically hinge on whether the accident involved a motor vehicle and whether the injured party meets the legal criteria for compensation. This article explains how insurers determine liability, the factors they consider, and practical steps to support your claim.
How NSW CTP Laws Apply to Car Park Accidents
Under the Motor Accident Injuries Act 2017 (MAIA), CTP claims cover injuries caused by motor vehicles, including low-speed collisions in car parks or private property access ways. Insurers assess liability by determining if the accident involved a motor vehicle and whether the injured person meets the legal definition of a 'threshold injury' or more severe impairment. SIRA guidelines clarify that injuries must result from the accident and not pre-existing conditions. For example, a spinal nerve-root injury with neurological signs may qualify as a threshold injury, while radiculopathy requires specific clinical signs.
Factors Insurers Consider When Determining Fault
Insurers evaluate fault based on the accident's circumstances, including:
- Who was at fault: Fault is determined by assessing who breached a duty of care, such as failing to yield or speeding.
- Evidence: Witness statements, CCTV footage, and police reports are critical. For instance, a driver who swerved into another vehicle may be deemed at fault.
- Vehicle use: If the accident occurred on private property, insurers consider whether the vehicle was being used for a lawful purpose.
- Contributory fault: If the injured party contributed to the accident, compensation may be reduced.
Practical Steps to Support Your Claim
To strengthen your case, gather:
- Medical records showing injuries consistent with the accident.
- Accident reports from the scene, including details of vehicle positions and any visible damage.
- Witness statements from bystanders or other drivers.
- Photographs of the scene, vehicle damage, and any visible injuries.
- Income records if you're claiming weekly payments for lost earnings.
Insurers may also request a medical report from a registered medical practitioner to assess the injury's connection to the accident.
Time Limits and Dispute Resolution
CTP claims must be made within five years of the accident under the MAIA. However, time limits for specific benefits (e.g., weekly payments) may be shorter. If your claim is disputed, you can:
- Request a review with your insurer.
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT).
- Consult a legal professional if the insurer refuses to settle.
When to Seek Legal Advice
If your claim is denied, or if you're unsure about your rights, contact a solicitor specialising in CTP claims. They can help navigate disputes over fault, ensure all evidence is submitted, and advise on legal options.
Example Scenario
Imagine a driver collides with a parked car in a car park. The insurer will assess whether the driver was at fault (e.g., by failing to check for obstacles) and whether the injury meets the threshold injury definition. If the driver's medical records show soft-tissue injuries consistent with the accident, the claim may proceed.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form.