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 were injured in a motor accident in Newcastle or the Hunter region and are concerned about how your own fault might affect treatment funding, this article explains the legal rules under NSW’s Compulsory Third Party (CTP) scheme. Contributory negligence can reduce the amount of treatment costs covered by the at-fault driver’s insurer, but the process is governed by specific guidelines. Understanding how SIRA assesses claims where the injured person shares responsibility is critical to ensuring you receive the support you need.
How Contributory Negligence Affects Treatment Funding
Under the Motor Accident Injuries Act 2017, if you are partly at fault for the accident, the amount of treatment costs you can claim from the at-fault driver’s insurer may be reduced. This is known as contributory negligence. SIRA assesses the proportion of fault and applies a reduction to the total claim. For example, if you are 20% at fault, the insurer may cover 80% of your treatment costs.
SIRA’s guidelines state that contributory negligence applies only if the injured person’s actions directly contributed to the accident. This includes situations where the injured person failed to follow traffic rules, was distracted while driving, or contributed to a collision. The key is whether the injured person’s conduct was a ‘cause’ of the accident, not just a contributing factor.
Practical Steps for Claimants in Newcastle and Hunter
To ensure treatment costs are covered under a CTP claim, you must take specific steps:
- Document all treatment costs - Keep records of all medical bills, therapy sessions, and prescriptions related to your injury.
- Provide evidence of fault - SIRA requires evidence that the at-fault driver’s actions caused the accident. This includes police reports, witness statements, and accident diagrams.
- Submit a detailed claim form - SIRA’s claim forms ask you to explain how your own actions might have contributed to the accident. Be honest and specific.
- Seek medical evidence - A doctor’s report confirming your injury and its connection to the accident is essential. This helps SIRA assess whether your treatment costs are directly related to the accident.
Time Limits and Dispute Resolution
You must notify the at-fault driver’s insurer within 52 weeks of the accident to claim treatment costs under the CTP scheme. If you fail to notify them on time, you may lose the right to claim those costs. However, if you have already received treatment and incurred expenses, you may still be able to claim for those costs within the 52-week period.
If you disagree with SIRA’s assessment of your contributory negligence, you can request a review. SIRA will consider new evidence or re-examine the facts. In complex cases, seeking independent legal advice is often helpful to ensure your claim is properly evaluated.
Example: How Contributory Negligence Works in Practice
Consider a scenario where a driver in Newcastle was distracted by their phone and rear-ended another car. The injured passenger was also speeding at the time. SIRA would assess both parties’ fault. If the passenger’s speeding was a direct cause of the accident, their treatment costs might be reduced by the proportion of their fault. However, if the passenger’s speeding was not a direct cause, the reduction may be smaller or non-existent.
When to Seek Legal Advice
Contributory negligence claims can be complex, especially when treatment costs are involved. If you are unsure how your actions might affect your claim, or if you believe SIRA’s assessment is unfair, it is important to seek legal advice. A solicitor can help you understand your rights and ensure you receive the maximum funding for your treatment.
Next Steps
CTP claims involving contributory negligence depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.