If you were injured in a motor accident in Bega and need funding for medical treatment, contributory negligence can reduce the amount of compensation you receive. Under New South Wales law, if you are partly at fault for the accident, your claim may be adjusted. This article explains how contributory negligence affects funding for treatment costs in NSW CTP claims, based on SIRA guidelines and the Motor Accident Injuries Act 2017.
How Contributory Negligence Affects Funding
Contributory negligence means the injured person also contributed to the accident. Under NSW law, if you are found to be at fault, your claim for compensation may be reduced. For example, if you were distracted while driving and caused a collision, your claim could be reduced by the percentage of your fault. This applies to all aspects of your claim, including funding for medical treatment, rehabilitation, and lost income.
SIRA guidelines state that claims are adjusted based on the degree of fault. If you are found to be 20% at fault, your compensation would be reduced by 20%. This applies to all benefits, including weekly payments for treatment and income loss.
Practical Steps for Claimants in Bega
To seek funding for treatment costs, you must first establish the extent of your injuries and the medical treatment required. This involves:
- Obtaining medical records from your treating practitioner
- Documenting all treatment costs, including consultations, scans, and medications
- Providing evidence of how the accident has impacted your ability to work
- Submitting a claim to the at-fault driver’s insurer through SIRA
In Bega, claimants should also ensure all records clearly link the treatment to the accident. SIRA requires detailed evidence to assess the connection between the accident and your medical expenses.
Time Limits and Dispute Options
You have 52 weeks from the accident date to notify the insurer of your claim. If you fail to meet this deadline, you may lose your right to claim for treatment costs. It is crucial to act promptly and seek legal advice if you are unsure about your obligations.
If your claim is disputed, you can request a review by SIRA. However, disputes can be complex, and it is advisable to seek independent legal advice if your claim is contested.
When to Seek Legal Advice
If you are unsure about the impact of contributory negligence on your claim, or if your insurer is disputing the amount of funding you are entitled to, it is important to seek legal advice. A solicitor can help you understand your rights, ensure all evidence is properly submitted, and challenge any unfair reductions in your claim.
Next Steps
CTP entitlements and deadlines can depend on the date of the accident, the circumstances of the injury, and the evidence you provide. To request contact about your circumstances, complete the quick, no obligation enquiry form.