Understanding Car Park Accidents 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 motor accident in a car park, shopping centre access way, or private property may still be covered by Compulsory Third Party (CTP) insurance in New South Wales, provided the incident meets the legal definition of a motor accident under the Motor Accident Injuries Act 2017 (MAIA). The key factor is not the location, but whether a motor vehicle was involved in a collision that caused injury. SIRA, the State Insurance Regulatory Authority, confirms that CTP coverage applies to accidents occurring on private property if the vehicle was being used for a purpose connected to the driver’s personal, domestic, or recreational activities. This includes incidents in car parks attached to shopping centres, apartment complexes, or office buildings.
How SIRA Interprets the Legal Rules for Car Park Accidents
SIRA’s guidance makes clear that the legal test for a motor accident is not based on where the vehicle was operating, but on whether a vehicle was involved in a collision that resulted in injury. The Motor Accident Injuries Act 2017 defines a motor accident as an incident involving a motor vehicle that causes personal injury. This includes low-speed collisions in car parks, even if the vehicles were moving slowly or stationary at the time of impact.
SIRA confirms that fault is not a barrier to receiving statutory benefits under CTP. This means that if you were injured in a car park accident in Greater Sydney, you may still be entitled to treatment and care benefits, weekly income payments, and, if applicable, damages for permanent impairment, regardless of who caused the incident. The focus is on the injury and its connection to the accident, not on assigning blame.
What You Can Claim After a Car Park Accident
If you were injured in a car park accident in NSW, you may be eligible for several types of compensation under the CTP scheme. These include:
- Treatment and care benefits to cover medical and allied health services
- Weekly income payments if you are unable to work due to your injury
- A lump sum for permanent impairment, if your 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 income, if your injury meets the threshold for damages
SIRA’s guidelines state that to claim damages, your injury must be a threshold injury as defined in the Motor Accident Injuries Regulation 2017. This includes injuries such as a spinal nerve-root injury with neurological signs, or a permanent impairment of 10% or more. A diagnosis of radiculopathy alone does not automatically qualify as a threshold injury unless it meets the clinical criteria set out in the Motor Accident Guidelines.
Practical Steps and Evidence to Support Your Claim
To establish a claim for a car park accident, you should take the following steps as soon as possible:
- Seek medical attention immediately and keep all records, including diagnosis, treatment plans, and follow-up notes.
- Document the accident: take photographs of the vehicles, the location, and any visible damage. Note the time, weather, and lighting conditions.
- Obtain contact details for any witnesses present at the time of the incident.
- Report the accident to the insurer of the vehicle involved, or to SIRA if you are unsure which insurer to contact.
- Preserve all correspondence, including emails, text messages, and letters from insurers, medical providers, and employers.
SIRA notes that evidence such as security camera footage, traffic light recordings, or a police report (if one was filed) can be critical in establishing the circumstances of the accident. Even if no police report was made, a written statement from a witness or a record of the incident from a shopping centre’s security office may support your claim.
Time Limits and Dispute Options
There is a time limit to begin a claim. You must notify the insurer of the vehicle involved within 6 months of the accident. Failure to do so may result in the claim being barred, unless there are exceptional circumstances. SIRA advises that claims should not be delayed, as evidence may be lost over time.
If your claim for benefits or damages is denied, you have the right to request a review from the insurer. If the review is unsuccessful, you may apply to the Civil and Administrative Tribunal (NCAT) for a determination. SIRA provides guidance on the dispute resolution process, including how to submit a formal application and what documentation to include.
A Practical Example: Injury in a Shopping Centre Car Park
Consider a scenario where a pedestrian was struck by a vehicle reversing slowly in a shopping centre car park in Sydney. The driver was distracted and did not see the pedestrian. The pedestrian sustained a minor back injury and required physiotherapy. The injury was assessed as a spinal nerve-root injury with neurological signs, but not radiculopathy. The injury met the threshold for damages under the Motor Accident Guidelines.
In this case, the pedestrian would be entitled to treatment and care benefits, weekly income payments if they were off work, and could claim damages for pain and suffering. The claim would be assessed under the MAIA, and SIRA’s guidelines would apply to determine the value of the impairment and damages.
Next Steps for Your Claim
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.