If you were injured in a motor accident in Greater Sydney caused by a driver using a mobile phone or otherwise distracted, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. This scheme is governed by the Motor Accident Injuries Act 2017 (MAIA), which applies to all motor accidents occurring on or after 1 December 2017. The CTP scheme covers injuries sustained by drivers, passengers, pedestrians, cyclists and motorcyclists, regardless of fault, provided the accident involved a motor vehicle.
What Types of Injuries Qualify for Compensation?
Under the MAIA, a claim may be made for injuries that meet the statutory definition of a threshold injury. This includes soft tissue injuries such as whiplash, as well as injuries that result in a permanent impairment. The Act defines a threshold injury as one that requires medical treatment and causes a loss of function, including soft tissue injuries that affect the neck, back or other areas. The Motor Accident Guidelines set out the clinical criteria used to assess whether an injury qualifies as a threshold injury.
If your injury is classified as a threshold injury, you may be eligible for treatment and care benefits, weekly income payments, and in some cases, lump sum damages. However, if your only injuries are threshold injuries, weekly benefits and treatment and care benefits are generally limited to 52 weeks from the date of the accident, as provided under sections 3.11 and 3.28 of the MAIA.
What Evidence Supports a Distracted Driving Claim?
To establish a claim, you must show that the accident was caused by a driver’s inattention, such as using a mobile phone, adjusting a navigation device, or being otherwise distracted. Key evidence includes:
- A police report that records the driver’s conduct, including any mention of mobile phone use
- Witness statements from passengers or bystanders who observed the driver using a device
- Medical records that link your injuries to the accident and confirm the need for treatment
- Video footage from dashcams, traffic cameras, or personal devices that capture the driver’s actions before impact
SIRA, the body that administers the CTP scheme in NSW, uses this evidence to assess whether the injury arose from the accident and whether the claim meets the statutory thresholds. Claims involving distracted driving often require medical evidence to rule out pre-existing conditions and to confirm a direct link between the accident and the injury.
Time Limits and Claim Process in Greater Sydney
You must make a claim within 52 weeks of the accident. This deadline applies to all CTP claims under the MAIA, regardless of location within NSW. Failure to meet this time limit may prevent you from receiving benefits, unless an extension is granted under exceptional circumstances.
SIRA’s claims process in Greater Sydney follows a standard national framework, but local factors such as traffic density, road conditions and access to medical services may influence the assessment. The process includes an initial review of your claim, a request for medical reports, and a determination on eligibility for benefits. If your claim is disputed, you may seek a review through SIRA or apply to the NSW Civil and Administrative Tribunal (NCAT).
Example: A Claim Arising from a Distracted Driver on the M4
A 28-year-old passenger in a vehicle stopped at a traffic light on the M4 in Sydney was injured when the driver behind them, who was texting, failed to stop in time. The impact caused a soft tissue injury to the neck and a minor concussion. The passenger reported the incident to police, who noted in their report that the driver had been using a mobile phone. The passenger provided:
- A completed police accident report
- Medical records from a treating doctor confirming the injury and recommending physiotherapy
- A statement from a passenger who saw the driver looking down at their phone
SIRA accepted the claim as a threshold injury and approved treatment and care benefits and weekly income payments for 52 weeks. After a specialist assessment confirmed a 15% whole person impairment, the claimant was later awarded lump sum damages for ongoing pain and suffering.
Next Steps for Claimants
If you were injured in a distracted driving accident in Greater Sydney, act promptly to preserve evidence and begin the claims process. Gather all available documentation, including medical reports, accident details and witness information. The available options depend on the nature of your injury, the evidence, and the timing of your claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.