How SIRA Handles Contributory Negligence in NSW CTP Claims
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured in a motor accident in NSW and are seeking compensation, contributory negligence can affect how much you receive. Under the Motor Accident Injuries Act 2017 (MAIA), the New South Wales Compensation and Insurance (SIRA) Authority assesses whether the injured person shares responsibility for the accident. This article explains how SIRA evaluates contributory negligence in Albury and how it impacts your claim.
Understanding SIRA’s Approach to Shared Fault
SIRA determines how much of the accident’s fault belongs to the injured person by considering factors like their actions, awareness of risks, and adherence to safety rules. For example, if you were distracted while walking into traffic, SIRA may reduce your compensation based on your level of fault. This is different from general CTP principles, where fault is typically not a factor unless the claim involves a 'blameless accident' under the MAIA.
SIRA uses a proportionality test: the injured person’s compensation is reduced by the percentage of their fault. If you are 30% at fault, your total compensation is reduced by 30%. This approach ensures claimants are not unfairly compensated for their own actions.
Practical Implications for Claimants in Albury
In Albury, SIRA applies the same rules as other NSW regions but may have regional case examples influencing its interpretation. Claimants should gather evidence showing they took reasonable care, such as:
- Medical records proving injury severity
- Accident reports detailing your actions
- Witness statements supporting your account
- Photos of the scene or vehicle damage
If SIRA reduces your compensation, you may need to dispute their assessment by providing additional evidence or seeking legal advice. For instance, if you were injured due to a driver’s error but also failed to use a pedestrian crossing, SIRA will balance both factors.
Time Limits and When to Seek Help
You have 52 weeks from the accident date to claim certain benefits under the MAIA. After this period, weekly income payments and treatment benefits are generally limited unless you have a 'threshold injury' (a defined level of harm under the Motor Accident Guidelines). If your claim involves complex fault issues, it’s advisable to consult a legal professional to challenge SIRA’s assessment.
Example of SIRA’s Application
Consider a claimant who was injured in a collision where both parties were at fault. SIRA would evaluate:
- The driver’s failure to yield
- The claimant’s distraction while walking
- Witness statements confirming both parties’ actions
If the claimant is found 20% at fault, their compensation is reduced by that percentage. This ensures the injured person is not fully compensated for their own contribution to the accident.
Next Steps for Claimants
If you’re unsure how SIRA applies contributory negligence to your case, seek guidance from a legal professional. Every claim depends on its own facts, and SIRA’s interpretation can vary based on evidence and regional precedents. To request contact about your circumstances, complete the quick, no obligation enquiry form.