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're recovering from a motor accident in Bathurst and struggling to return to daily activities, contributory negligence could affect your compensation. NSW law allows the Compensation and Insurance Regulatory Authority (SIRA) to reduce benefits if your injuries were partly caused by your own actions. This article explains how contributory negligence impacts daily living claims, what evidence matters, and when to seek legal advice.
How Contributory Negligence Affects Daily Living Claims
Under the Motor Accident Injuries Act 2017, SIRA assesses whether your injuries were partly caused by your own actions. If so, your compensation may be reduced. For example, if you were not wearing a seatbelt at the time of the accident, this could be considered contributory negligence. SIRA evaluates whether your pre-existing conditions or actions contributed to your injuries.
Daily activities like cooking, shopping, or work may be impacted by your injuries. SIRA considers whether your ability to perform these tasks is directly related to the accident. If your injuries are partly due to your own actions, the compensation for lost daily living capacity may be adjusted.
Evidence Required for Contributory Negligence Claims
To prove contributory negligence, SIRA requires:
- Medical records showing pre-existing conditions or injuries
- Expert opinions linking your actions to the accident
- Evidence of daily activities before and after the accident
- Witness statements or accident reports
For instance, if you had a pre-existing back injury and the accident worsened it, SIRA may assess whether your recovery is partly due to your own condition. This affects how daily living capacity is calculated.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim certain benefits under the Motor Accident Injuries Act 2017. If your injuries are classified as 'threshold injuries' (soft tissue injuries), benefits may be limited after 52 weeks. However, if your injuries are more severe, you may be eligible for long-term support.
If you disagree with SIRA's assessment, you can request a review or seek legal advice. SIRA's decisions are not binding, and independent legal counsel can help challenge assessments based on new evidence.
When to Seek Legal Advice
Contributory negligence assessments are complex. A solicitor can help you:
- Gather evidence to challenge unfair claims
- Understand how your injuries impact daily living
- Navigate SIRA's review process
If your recovery is affected by pre-existing conditions or your actions, seeking legal advice early ensures your rights are protected. Time limits apply, so prompt action is essential.
Practical Example
Consider a cyclist in Bathurst who suffered a knee injury in an accident. If they had a pre-existing knee condition, SIRA may assess whether the accident worsened it. If the cyclist's recovery is partly due to their own condition, compensation for daily activities like walking or exercising may be reduced. A solicitor can help challenge this assessment with medical evidence.
Next Steps
Returning to daily activities after a motor accident depends on accurate injury assessments. If contributory negligence affects your claim, seek legal advice to ensure fair compensation. Complete the quick, no obligation enquiry form to request contact about your circumstances.