Civil Liability Act 2002 and Early Steps for Injured Road Users
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).
If you were injured in a motor accident in Balmain and seeking compensation, the Civil Liability Act 2002 determines whether the driver or owner of the vehicle is legally responsible. This law applies to all road users, including drivers, passengers, pedestrians and cyclists. While the Compulsory Third Party (CTP) scheme handles most claims, the Civil Liability Act defines the legal basis for seeking compensation. Early actions after an accident are critical to preserving your right to claim.
How the Civil Liability Act Applies to CTP Claims
The Civil Liability Act 2002 establishes that a person is legally responsible for injuries caused by their actions or omissions. This includes drivers who cause accidents, even if they are not at fault. However, the Act also allows for contributory negligence, meaning your compensation may be reduced if you contributed to the accident. For CTP claims, the scheme typically covers injuries caused by another vehicle, but the Act determines whether the driver is legally responsible for the injury.
Practical Steps After a Motor Accident
After a motor accident in Balmain, take these steps to protect your claim:
- Report the accident to the NSW Police and the other driver’s insurance company within 24 hours.
- Seek immediate medical attention to document injuries, even if they seem minor.
- Preserve evidence like accident reports, photographs of the scene, and witness contact details.
- Notify SIRA (State Insurance Regulatory Authority) about your claim within 52 weeks of the accident.
These steps help establish the facts of the accident and ensure your claim meets the requirements of both the Civil Liability Act and the CTP scheme.
Time Limits and Dispute Resolution
Claims under the Civil Liability Act must be started within 6 years of the injury. However, the CTP scheme has specific deadlines: you must notify SIRA within 52 weeks of the accident. If your injury is a 'threshold injury' (as defined by the Motor Accident Guidelines), benefits may stop after 52 weeks unless you have a long-term impairment. Disputes about the extent of injuries or the driver’s responsibility can be resolved through SIRA’s processes or by seeking legal advice.
Example: A Pedestrian in Balmain
Consider a pedestrian in Balmain who was hit by a car. They must report the accident to the police, seek medical treatment, and notify SIRA within 52 weeks. If the injury meets the threshold injury criteria, they may receive weekly benefits and treatment costs. However, if the injury is not serious enough to qualify, they may need to pursue a separate claim under the Civil Liability Act.
When to Seek Legal Advice
While the CTP scheme covers many claims, not all injuries qualify for benefits. If your injury is not a 'threshold injury' or if you believe the driver’s actions were not the cause, you may need to pursue a claim under the Civil Liability Act. A lawyer can help you understand your options and ensure you meet all legal deadlines.
Next Steps
CTP claims and Civil Liability Act claims depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.