How SIRA Defines Distracted Driving in NSW CTP Claims
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).
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).
SIRA defines distracted driving as using a mobile phone or other device while operating a vehicle, which can impair driving. Under the Motor Accident Injuries Act 2017, such incidents fall under the CTP scheme if the injury meets the threshold injury criteria. SIRA’s guidelines clarify that distractions like texting, phone calls, or using navigation apps qualify, but the injury must result directly from the distraction. For example, a driver using a phone to text while failing to notice a pedestrian crossing would meet this definition.
Regional NSW Application of SIRA Rules
In regional NSW, SIRA applies the same legal standards as in urban areas. However, evidence collection may differ due to limited access to certain facilities. For instance, a cyclist hit by a distracted driver in a remote area might rely on witness statements or phone records rather than specialized medical equipment. SIRA emphasizes that the distraction must be a 'contributing factor' to the accident, not just a coincidental occurrence.
Practical Steps for Distracted Driving Claims
To support a claim, gather evidence such as:
- Phone records showing usage during the accident
- Witness accounts of the driver’s distraction
- Medical reports linking the injury to the accident
- Police reports or accident diagrams
In regional areas, ensure evidence is preserved promptly, as access to experts or facilities may be limited. For example, a driver who texted while driving and caused a collision must document the distraction and its connection to the injury.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks if only threshold injuries are involved. If the injury exceeds threshold criteria, time limits depend on the specific circumstances. Disputes over fault or evidence can be escalated to SIRA’s review process, which assesses whether the distraction was a 'contributing factor.' In regional areas, delays in accessing medical records may require proactive communication with healthcare providers.
When to Seek Legal Advice
Consult a solicitor if:
- The injury involves long-term impairment or permanent damage
- There are disputes over fault or evidence
- The claim exceeds threshold injury criteria
Legal professionals can help navigate SIRA’s guidelines and ensure all evidence meets the scheme’s requirements. For regional claimants, early legal input is crucial to address delays in evidence collection or jurisdiction-specific challenges.
Next Steps
CTP entitlements depend on the accident date, injury type, and evidence quality. To request contact about your circumstances, complete the quick, no obligation enquiry form.