Time limits for CTP claims after a car park accident in NSW
If you were injured in a motor vehicle accident in a car park in Greater Sydney, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The time limit to make a claim is generally three years from the date of the accident. This applies whether the accident occurred in a shopping centre car park, private driveway, or public access way, as long as a motor vehicle was involved and the injury occurred in connection with the use of that vehicle.
The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those arising from low-speed collisions in car parks. The three-year time limit is set out in the Civil Liability Act 2002, which applies to claims for personal injury, including those from motor vehicle incidents on private property. This time limit is strict and must be met to preserve your right to claim.
How CTP laws apply to car park accidents
A car park accident is not automatically excluded from the CTP scheme. The law considers whether the vehicle was being used on a road or a road-like area at the time of the incident. The SIRA guidelines state that a car park, even if private, may still be treated as a road if it is used for public access and vehicles are driven through it in a manner similar to public roads.
If the vehicle was being driven in a car park for the purpose of accessing a public road, or for a purpose connected to travel, the CTP scheme applies. This includes accidents involving pedestrians, cyclists, or passengers in a vehicle, even if the collision occurred at low speed. The CTP insurer must provide treatment and care benefits, weekly income payments, and, if eligible, damages for pain and suffering.
What evidence and practical steps matter
To support a claim, you must gather and preserve evidence from the time of the accident. This includes:
- A written record of the accident, including the date, time, location, weather, and a description of how it occurred
- Photographs of the vehicle damage, the car park environment, and any visible injury
- Witness contact details, if available
- Medical records from the time of the injury, including initial assessments and follow-up treatment
- A copy of any police report, even if not filed, and any internal security or facility report
- Records of lost income, if you were unable to work
The SIRA guidelines confirm that even if no police report was made, you can still make a claim. However, the absence of a formal report may affect the strength of your evidence, so it is important to act quickly.
Time limits, disputes and when to seek advice
The three-year time limit for making a CTP claim is not extended simply because the injury was not immediately apparent. If symptoms developed later, the time limit still begins from the date of the accident, not when the injury was diagnosed. This means that delays in seeking medical treatment or reporting the incident do not extend the deadline.
If you believe your claim has been denied or you are unable to meet the time limit due to a reasonable delay, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for an extension. However, the burden of proof is on you to show that the delay was reasonable and that you acted promptly once you became aware of the injury.
A common issue in car park accidents is whether the vehicle was being used for a purpose that falls within the CTP scheme. For example, if a vehicle was parked and not in motion, or if the driver was performing a non-transport task (such as loading goods), the CTP scheme may not apply. These questions are assessed on a case-by-case basis using the facts at the time of the accident.
For example, if a driver was reversing slowly in a shopping centre car park to exit a parking space and struck a pedestrian, the CTP scheme would likely apply because the vehicle was in motion and being used for travel. However, if the vehicle was stationary and the driver was adjusting a load, the CTP scheme may not cover the injury.
When to seek advice
The legal framework for CTP claims in NSW is complex, particularly when the accident occurred in a private setting like a car park. Decisions about whether the CTP scheme applies, whether a time limit has been missed, and whether you are eligible for damages depend on the specific facts of your case.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.