How Contributory Negligence Affects NSW Motor Accident Claims
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 Armidale, NSW, and your claim involves shared fault, the 2017 reforms to the Motor Accident Injuries Act 2017 have changed how contributory negligence is assessed. These reforms now require claimants to prove their injury was not caused or worsened by their own actions. This article explains the key changes, how SIRA evaluates contributory negligence, and practical steps for rural claimants.
Legal Framework for Contributory Negligence in CTP Claims
Under the 2017 reforms, contributory negligence is assessed using the 'reasonable person' standard. SIRA evaluates whether the injured person’s actions (e.g., not wearing a helmet, speeding, or failing to follow traffic rules) contributed to the injury. For example, if a cyclist was not wearing a helmet and suffered a head injury, the claim might be reduced or denied under the new rules.
The Motor Accident Injuries Act 2017 s 4.4 now limits benefits if the injury is partly the claimant’s fault. SIRA’s guidelines state that contributory negligence must be 'significant' to affect compensation. This means claimants must demonstrate a clear link between their actions and the injury, which is more demanding than previous standards.
Practical Steps and Evidence for Rural Claimants
In Armidale or other rural areas, gathering evidence is critical. Key records include:
- Medical reports detailing the injury’s cause and impact
- Police accident reports or witness statements
- Photos of the accident scene
- Proof of income to assess lost wages
- Documentation of any pre-existing conditions
For example, if you were injured while riding a bicycle without a helmet, your claim might be reduced under the new rules. SIRA requires evidence that the injury would have occurred regardless of your actions to avoid penalty.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury' (as defined by SIRA). However, contributory negligence claims can extend beyond this period if the injury is not threshold-related. If your claim is disputed, you may need to:
- Request a review from SIRA
- Seek independent medical opinions
- Consider mediation or legal action
When to Seek Legal Advice
The 2017 reforms have made contributory negligence claims more complex. If your injury involved shared fault, you should consult a solicitor to:
- Assess whether your actions contributed to the injury
- Gather evidence to support your case
- Understand how SIRA’s guidelines apply to your specific situation
Final Considerations
The 2017 reforms have shifted the burden of proof to claimants, making it harder to secure full compensation if contributory negligence is involved. Rural claimants in Armidale must act quickly to gather evidence and understand how the new rules affect their case. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.