What Changed for Distracted Driving Claims After 2017?
The 2017 reforms to NSW’s Compulsory Third Party (CTP) scheme significantly altered how claims are handled, particularly for injuries caused by distracted driving. Under the new rules, claimants now receive statutory benefits rather than common law damages, with clearer guidelines on what injuries qualify and how long benefits last. For example, injuries caused by mobile phone use or inattention are now assessed using the Motor Accident Guidelines, which define ‘threshold injuries’ and set time limits for certain payments.
How SIRA Handles Distracted Driving Claims
The State Insurance Regulatory Authority (SIRA) oversees claims under the Motor Accident Injuries Act 2017. For distracted driving incidents, SIRA now prioritises statutory benefits like weekly income payments and treatment costs, rather than common law damages. This means claimants receive fixed, predictable support based on injury severity, not the fault of the driver. For instance, if a driver caused an accident by using their phone, the injured party may receive weekly payments for 52 weeks if their injuries are classified as ‘threshold injuries’ under the guidelines.
Practical Steps After a Distracted Driving Accident
- Seek immediate medical attention to document injuries, as delays can affect eligibility for certain benefits.
- Preserve evidence: Gather details of the accident (e.g., photos, witness statements, police reports) and retain medical records.
- Notify your insurer or the at-fault driver’s insurer within 52 weeks of the accident, as benefits for threshold injuries typically end after this period.
- Consult a legal professional if your injuries exceed threshold criteria or if disputes arise over claim eligibility.
Time Limits and Dispute Options
Claimants must notify insurers within 52 weeks of the accident if their injuries are limited to threshold injuries. For more severe injuries, time limits may vary depending on the nature of the claim. If disputes occur, claimants can request a review by SIRA or seek mediation through the NSW Civil and Administrative Tribunal (NCAT).
Example: How a Distracted Driving Claim Works
Scenario: A motorist on a Bega road caused a collision by using their phone. The passenger suffered soft tissue injuries and was prescribed rest. Under the 2017 reforms, the passenger would receive weekly income payments for 52 weeks, as their injuries qualify as threshold injuries. If their recovery took longer, they might need to pursue additional support through a common law claim, but this requires meeting specific criteria like whole-person impairment.
When to Seek Legal Advice
The 2017 reforms introduced changes that may affect your claim, such as:
- Whether your injuries qualify as threshold injuries.
- How long you can receive certain benefits.
- Whether you can pursue additional compensation for non-threshold injuries.
If you’re unsure about your eligibility or facing disputes, contact a legal professional to review your case.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.