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).
If you or a family member were injured in a motor accident in Newcastle or the Hunter region, contributory negligence can affect your compensation. Under NSW law, if you contributed to your own injury, your claim may be reduced. This article explains how shared fault impacts claims involving caregivers and families, and what practical steps to take.
How Contributory Negligence Affects CTP Claims
Contributory negligence refers to situations where the injured person's actions or failures contributed to their injury. For example, if a passenger failed to wear a seatbelt or a driver distracted themselves while driving, the court may reduce compensation. SIRA (State Insurance Regulatory Authority) assesses fault based on evidence, including medical reports and witness statements. In cases involving caregivers, SIRA considers whether the injured person's actions (or lack of action) influenced the injury or recovery.
Practical Considerations for Caregivers and Families
When a family member requires ongoing care after an accident, caregivers must consider how contributory negligence might affect claims. Key factors include:
- Medical evidence: Documenting the injury's cause and how it relates to the accident.
- Caregiving responsibilities: Proving how the injury impacts daily life and caregiving duties.
- Fault assessment: SIRA evaluates whether the injured person's actions (e.g., not following medical advice) worsened their condition.
Families should gather records like medical reports, accident details, and witness statements to support claims. If a caregiver's own actions (e.g., not securing a child seat) contributed to the injury, this could influence compensation.
Time Limits and Dispute Options
CTP claims must be made within specific timeframes. For injuries requiring ongoing care, claims must be submitted within 52 weeks of the accident if only 'threshold injuries' are involved. If disputes arise, SIRA provides a review process, and legal advice can help challenge decisions. Families should act quickly to preserve evidence and meet deadlines.
Example: How Fault is Assessed in Caregiver Cases
Consider a scenario where a caregiver's child is injured in a collision. If the child's own actions (e.g., not wearing a seatbelt) contributed to the injury, SIRA may reduce compensation. Conversely, if the caregiver's failure to secure the child caused harm, their claim might be affected. Each case is evaluated based on its unique facts.
When to Seek Legal Advice
CTP claims involving caregivers can be complex, especially when fault is shared. A solicitor can help assess whether contributory negligence applies and how it might reduce compensation. Families should seek advice if they're unsure about their rights or the impact of shared fault on their claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.