If you were injured in a motor accident in Armidale and seeking funding for treatment costs through NSW's Compulsory Third Party (CTP) scheme, contributory negligence may reduce your entitlements. Under the Motor Accident Injuries Act 2017, SIRA assesses claims by considering how much fault you share in the accident. This article explains how contributory negligence affects funding for treatment costs, the role of SIRA in determining eligibility, and practical steps for claimants in rural NSW.
How Contributory Negligence Affects Funding
Contributory negligence means the injured person also contributed to the accident. SIRA evaluates claims by determining the proportion of fault attributable to each party. If you were partly at fault, your funding for treatment costs may be reduced proportionally. For example, if you were 30% at fault, your CTP benefits might be capped at 70% of the original amount. This applies to both statutory benefits like weekly payments and treatment and care benefits.
SIRA's guidelines state that contributory negligence must be 'directly related to the accident' to affect funding. This means the fault must have contributed to the incident, such as failing to yield at an intersection. Fault from unrelated actions, like a pre-existing medical condition, typically does not reduce CTP entitlements.
SIRA's Role in Determining Eligibility
SIRA assesses whether injuries meet the 'threshold injury' definition under the Motor Accident Guidelines. A threshold injury includes soft tissue injuries (like whiplash) and certain psychological injuries. If your injury is above threshold, the 52-week limit on statutory benefits does not apply. For example, a fractured wrist requiring surgery would qualify for ongoing funding, while a minor bruise might not.
To secure funding for treatment costs, claimants must:
- Seek immediate medical attention and document all treatment records.
- Preserve evidence of the accident, including police reports, witness statements, and photographs.
- Notify your insurer or SIRA within 52 weeks of the accident to access statutory benefits.
- Provide evidence of contributory negligence, such as traffic camera footage or expert testimony, if applicable.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident to access statutory benefits. However, if your injury is above threshold, you may still claim treatment costs beyond this period. If SIRA disputes your claim or the level of contributory negligence, you can request a review. In complex cases, independent legal advice is recommended to challenge SIRA's assessment of fault or injury severity.
When to Seek Legal Advice
Consult a solicitor if:
- SIRA denies or limits your claim.
- You're unsure whether your actions contributed to the accident.
- You need help challenging a decision.
Legal professionals can help gather evidence, challenge SIRA's assessment of contributory negligence, and ensure you receive fair funding for treatment costs.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.