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).
The 2017 reforms to NSW Compulsory Third Party (CTP) motor accident compensation introduced significant changes to how contributory negligence is assessed. Under the revised rules, injured parties may still claim compensation even if they share some fault in the accident, but the injured party’s contribution to the harm must be minor. This shift impacts how claims are evaluated, particularly on the Central Coast, where local courts and the State Insurance Regulatory Authority (SIRA) apply the same statewide framework.
How Contributory Negligence Works Under the 2017 Reforms
Before 2017, NSW CTP claims typically excluded compensation if the injured party was at fault. The 2017 reforms changed this by introducing a ‘contributory negligence’ test. Now, the injured party’s fault must be minor to qualify for benefits. For example, if a pedestrian jaywalks into a vehicle, their contribution to the accident must be small (e.g., 10%) to receive compensation. This approach applies uniformly across NSW, including the Central Coast.
Evidence to Prove Contributory Negligence
To assess fault, SIRA and courts consider:
- Medical records showing the injured party’s actions (e.g., speeding, distracted driving)
- Police reports detailing traffic violations
- Witness statements
- Expert opinions from accident reconstructionists
- Video footage from dashcams or surveillance
If evidence shows the injured party’s fault is significant (e.g., 30% or more), compensation may be reduced or denied. This applies equally on the Central Coast as elsewhere in NSW.
Practical Steps for Claimants
If you were injured in a motor accident on the Central Coast:
- Seek immediate medical attention to document injuries
- Preserve evidence like accident reports, photos, and witness contact details
- Notify your insurer or SIRA within 52 weeks of the accident (the statutory deadline for benefits)
- Avoid admitting fault in communications with insurers or police
When to Seek Legal Advice
Consult a solicitor if:
- Your injury involves soft tissue damage (e.g., whiplash) with unclear fault
- You’ve been denied benefits due to contributory negligence
- You need help challenging a fault assessment
The 2017 reforms mean claimants on the Central Coast must demonstrate that their contribution to the accident is minor. While the legal framework applies statewide, local courts on the Central Coast follow the same principles as other NSW regions. Understanding how to prove minor fault is critical to securing benefits under the revised CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.