How contributory negligence affects NSW motor accident compensation after 2017 reforms
If you were injured in a motor accident in Bankstown and are wondering how shared fault impacts your claim, the 2017 NSW CTP reforms changed the rules. Under the Motor Accident Injuries Act 2017, contributory negligence now reduces compensation based on the injured person’s own fault. This article explains the key changes, how SIRA assesses fault, and what evidence matters for your claim.
What changed with the 2017 reforms?
Before 2017, contributory negligence was rarely applied in NSW CTP claims. The 2017 reforms introduced a new framework where compensation is reduced proportionally if the injured person contributed to the accident. For example, if you were 20% at fault, your compensation would be reduced by 20%. This applies to all claims under the CTP scheme, including those involving pedestrians, cyclists, and drivers.
The reforms also clarified that contributory negligence applies even if the accident was not your fault. SIRA now assesses fault based on the 'balance of probabilities', meaning the injured person must have done something that contributed to the accident. This shift makes it more important than ever to understand your role in the incident.
How does contributory negligence affect your compensation?
Under the current rules, your compensation is reduced by the percentage of your own fault. For instance, if you were 30% responsible for the accident, your total compensation would be 70% of what it would have been if you were not at fault. This applies to both statutory benefits (like weekly payments) and damages for injuries.
SIRA uses a detailed process to assess fault, including reviewing medical evidence, accident reports, and witness statements. If your claim involves a pedestrian or cyclist, the court will consider whether your actions (like jaywalking or using a mobile phone) contributed to the accident.
Practical steps to take after an accident
To support your claim, gather evidence that shows your actions did not contribute to the accident. This includes:
- Medical records showing your injuries and treatment
- Police reports or accident statements
- Witness contact details
- Photos of the scene
- Evidence of your income (if you’re claiming lost wages)
If you were partially at fault, your claim may still succeed, but your compensation will be reduced. SIRA will notify you of their assessment of fault and the resulting compensation amount.
Time limits and when to seek advice
You have 5 years from the date of the accident to make a claim under the CTP scheme. However, time limits for specific benefits (like weekly payments) are shorter. For example, weekly benefits are generally limited to 52 weeks after the accident if your injuries are classified as 'threshold injuries' under the Motor Accident Guidelines.
If your claim involves contributory negligence, it’s crucial to seek legal advice early. A solicitor can help you understand how your fault affects your compensation and ensure your claim is processed correctly.
Example: How contributory negligence works in practice
Imagine you were injured in a car accident in Bankstown. The driver was speeding, but you were also using your phone at the time. SIRA would assess whether your phone use contributed to the accident. If they determine you were 25% at fault, your compensation would be reduced by 25%. This means you’d receive 75% of the full compensation amount.
Next steps for your claim
If your claim involves contributory negligence, the outcome depends on the facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.