How SIRA Handles CTP Claims in Car Parks
A car park accident in NSW may qualify for Compulsory Third Party (CTP) insurance if the vehicle was in motion and the injury occurred during travel-related activity. SIRA, the State Insurance Regulatory Authority, clarifies that CTP coverage applies to injuries sustained in motor vehicle accidents, regardless of location, provided the incident meets the legal definition of a motor vehicle accident under the Motor Accident Injuries Act 2017.
SIRA's interpretation focuses on the purpose of the vehicle's use rather than its location. For example, a collision between a reversing car and a pedestrian in a shopping centre car park may be covered if the vehicle was being driven for a travel-related purpose. The key is whether the accident occurred during a journey that was part of a broader travel activity, not whether the incident took place on a public road.
Threshold Injuries and Statutory Benefits
Under the Motor Accident Injuries Act 2017, a threshold injury includes soft tissue injuries, such as whiplash, and certain psychological injuries like adjustment disorder or acute stress disorder. If a claimant sustains a threshold injury, they may be entitled to treatment and care benefits, weekly income payments, and, in some cases, damages for pain and suffering.
SIRA's Motor Accident Guidelines specify that a spinal nerve-root injury producing neurological signs other than radiculopathy may qualify as a threshold injury. Radiculopathy requires clinical signs such as sensory loss or reflex changes to meet the threshold. This distinction is critical for determining eligibility for statutory benefits.
Time Limits and Benefit Caps
Statutory benefits such as weekly payments and treatment and care benefits generally cease after 52 weeks if the only injuries are threshold injuries. This restriction applies regardless of the accident location, including car parks. The Motor Accident Injuries Act 2017 s 3.11 and s 3.28 outline this limitation, which means claims for soft tissue injuries may not be eligible for long-term benefits.
SIRA advises that claims must be made within three years of the accident date. Delays may affect the ability to access benefits, so prompt action is essential. If a claim is denied, the injured person may request a review from the insurer or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination.
Evidence Required for a CTP Claim
To support a CTP claim, the injured person must provide evidence of the accident, the nature of the injury, and the connection between the accident and the injury. Key evidence includes:
- A written account of the incident, including time, date, and circumstances.
- Photographs of the vehicle damage, the scene, and any visible injuries.
- Witness statements confirming the sequence of events.
- Medical records from a treating practitioner, including diagnosis and treatment plan.
- A police report, if applicable.
SIRA emphasizes that low-speed collisions in car parks are often disputed, particularly regarding fault or injury severity. However, CTP insurance operates on a no-fault basis for statutory benefits, meaning injured persons may still receive treatment and care benefits regardless of fault.
Practical Steps After a Car Park Accident
If you were injured in a car park accident in Albury, take the following steps:
- Seek medical attention immediately, even for minor injuries. Document all treatment.
- Report the incident to the vehicle's insurer as soon as possible.
- Preserve evidence: take photos of the scene and vehicle damage, and write down your recollection of events.
- Contact the insurer to confirm whether a claim is accepted and request any correspondence.
A hypothetical example: A 42-year-old resident of Albury was struck by a reversing car in a supermarket car park. She sustained a neck injury diagnosed as a spinal nerve-root injury with neurological signs. After seeking medical treatment and providing evidence, she received treatment and care benefits. A subsequent medical assessment confirmed a 12% whole person impairment, making her eligible for damages.
When to Seek Legal Advice
Every claim depends on its own facts. The nature of the injury, the timing of treatment, and the insurer's response will influence the outcome. While SIRA's guidelines provide a framework, final decisions on eligibility for damages or benefit limits may require tribunal or court review.
If you are unsure about your rights or the next steps, seek independent legal advice. Navigating a claim, particularly in a disputed case, can be complex without guidance.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.