Distracted driving claims, what changed after 2017 reforms (Auburn)
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).
The 2017 reforms to NSW’s Compulsory Third Party (CTP) motor accident laws significantly altered how claims are assessed, particularly for injuries caused by distracted driving. Under the new system, fault is no longer a determining factor for eligibility, and claims are evaluated based on the nature of the injury and the circumstances of the accident. This shift impacts how claimants in Auburn and other NSW areas pursue compensation for injuries linked to mobile phone use or inattention while driving.
NSW CTP rules for distracted driving claims
The Motor Accident Injuries Act 2017 introduced a no-blame system, meaning drivers can claim compensation for injuries caused by distracted driving without needing to prove the other party was at fault. However, the reforms also introduced stricter criteria for what qualifies as a threshold injury, which affects the types of claims eligible for statutory benefits. For example, injuries requiring medical treatment for a spinal nerve-root injury or radiculopathy now fall under the soft-tissue category, as outlined in the Motor Accident Guidelines. This change means claimants must demonstrate a clear link between their injury and the accident, even if the driver was not at fault.
Practical steps and evidence for distracted driving claims
To support a claim, injured parties must gather evidence showing the accident involved distracted driving. This includes:
- Police reports documenting the incident
- Witness statements or CCTV footage
- Medical records confirming the injury’s connection to the accident
- Evidence of mobile phone use or inattention (e.g., phone records, dashcam footage)
- Claimants should also preserve details of the accident scene, such as traffic conditions or vehicle positions, as these can help assess the injury’s severity. Under the new rules, the Personal Injury Commission (PIC) evaluates claims based on the
- consequences* of the accident, not the
- fault* of the driver. This means injuries like whiplash or soft-tissue damage may still qualify for benefits, but the claim must clearly show the injury resulted from the accident.
Time limits, disputes and when to seek advice
CTP claims must be submitted within 52 weeks of the accident for statutory benefits to apply. If the injury is classified as a threshold injury, weekly payments and treatment benefits are generally limited to 52 weeks, as per section 4.4 of the Motor Accident Injuries Act 2017. For non-threshold injuries, claimants may pursue common law damages through the PIC, but this requires a detailed assessment of the injury’s impact on daily life.
Disputes over claim eligibility are resolved by the PIC, which uses the Motor Accident Guidelines to determine whether an injury meets the threshold. Claimants in Auburn should seek legal advice if their claim is rejected, as the 2017 reforms introduced complex rules about how injuries are categorized and how evidence is evaluated. For example, a claimant who suffered a spinal nerve-root injury without radiculopathy may need to provide additional clinical evidence to qualify for benefits.
Hypothetical example
Consider a driver in Auburn who was using their phone while driving and collided with a pedestrian. Under the 2017 reforms, the driver could claim compensation for injuries like whiplash, provided they can prove the injury resulted from the accident. However, if the injury was minor and fell within the soft-tissue category, the claimant might only receive statutory benefits for 52 weeks. If the injury required long-term treatment, they could apply for additional compensation through the PIC, but this would depend on the severity of the injury and the evidence provided.
Next steps
The 2017 reforms have changed how distracted driving claims are assessed in NSW, with significant implications for claimants in Auburn. Time limits, evidence requirements, and the distinction between statutory benefits and common law damages are critical factors. To ensure your claim is handled correctly, complete the quick, no obligation enquiry form to request contact about your circumstances.