If you were injured by a drunk driver in NSW, the 2017 reforms to the Compulsory Third Party (CTP) scheme have changed how claims are handled. Before 2017, victims could claim compensation regardless of fault, but the reforms now require proof of the driver’s responsibility. This article explains the key legal changes, how victims claim compensation, and practical steps to take after a drunk driving accident.
How the 2017 Reforms Changed Drunk Driver Claims
The 2017 reforms introduced a no-fault system for CTP claims, but this does not apply to all cases. If the accident involved a driver who was legally intoxicated, the claimant must prove the driver’s fault to receive compensation. Under the Motor Accident Injuries Act 2017, the insurer of the at-fault driver (including those who were drunk) must cover injuries, regardless of the claimant’s own fault. This means victims of drunk driving accidents may still claim compensation, but they must establish the driver’s responsibility.
A critical change is the shift from a universal no-fault system to one where liability depends on fault. Before 2017, victims could claim compensation even if the drunk driver was not at fault. Now, the claimant must demonstrate the driver’s responsibility, which can affect the outcome of the claim.
What You Can Claim After a Drunk Driver Accident
Victims of drunk driver accidents can claim for:
- Medical treatment and care (including future treatment needs)
- Weekly income benefits if the injury prevents work
- Out-of-pocket expenses like travel to medical appointments
- Pain and suffering if the injury meets the threshold injury criteria under the Motor Accident Guidelines
The reforms also introduced stricter rules for determining whether an injury qualifies as a 'threshold injury' (soft tissue injuries like whiplash). Under the guidelines, injuries must meet specific clinical criteria, including spinal nerve-root injuries with neurological signs. This affects whether victims are eligible for ongoing benefits.
Practical Steps After a Drunk Driver Accident
- Seek immediate medical attention to document injuries, even if they seem minor. Delayed treatment may affect your claim.
- Preserve evidence of the accident, including:
- Police reports
- Witness statements
- Photographs of the scene and injuries
- Medical records
- Notify the at-fault driver’s insurer as soon as possible. Delays may reduce your ability to claim benefits.
- Keep records of income and expenses related to the injury, as these are needed to claim weekly benefits.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident if the injury is a 'threshold injury.' After this period, benefits are generally limited unless the injury meets the higher threshold of 'whole person impairment.' If your injury does not qualify as a threshold injury, you may still claim for specific losses like medical treatment, but the time limits are less restrictive.
If your claim is disputed, you may need to request a review by the NSW Civil and Administrative Tribunal (NCAT) or seek legal advice. The reforms now allow for more detailed assessments of fault and injury severity, which can impact the outcome.
When to Seek Legal Advice
The 2017 reforms have made CTP claims more complex, especially for cases involving alcohol. If your claim is denied, or if you are unsure whether your injury qualifies for benefits, it is important to seek legal advice. A solicitor can help you:
- Prove the driver’s fault in a drunk driving case
- Navigate the new rules for threshold injuries
- Challenge decisions to limit benefits
Example: How the Reforms Affect a Drunk Driver Claim
Imagine a scenario where a driver under the influence of alcohol causes a collision, resulting in a soft tissue injury. Under pre-2017 rules, the victim could claim compensation regardless of the driver’s fault. Now, the claimant must prove the driver was legally intoxicated and at fault. If the injury meets the threshold injury criteria, the victim may receive weekly benefits for up to 52 weeks. However, if the injury does not meet the threshold, benefits may be limited, and the claimant may need to pursue a common law damages claim separately.
Next Steps
CTP claims after a drunk driver accident depend on the date of the incident, the nature of the injury, and the evidence you can provide. The 2017 reforms have changed how fault is determined and how benefits are calculated. To ensure your claim is handled correctly, complete the quick, no obligation enquiry form to request contact about your circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.