If you were injured in a motor vehicle accident caused by a driver who was intoxicated, you may be entitled to compensation under the New South Wales Compulsory Third Party (CTP) insurance scheme. This scheme provides financial support for injuries sustained in motor accidents, regardless of who was at fault. The Motor Accident Injuries Act 2017 (MAIA) governs claims for accidents occurring on or after 1 December 2017. To qualify, your injury must meet the legal definition of a threshold injury, which includes soft tissue injuries, fractures, or spinal nerve-root injuries that produce neurological signs other than radiculopathy. If your only injuries are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks under the MAIA.
Who Is Covered by the CTP Scheme
The CTP scheme covers drivers, passengers, pedestrians, cyclists, and others involved in a motor vehicle accident in NSW. You must have been injured as a result of a motor vehicle accident to claim. The driver who was intoxicated is not eligible to claim under the CTP scheme, but victims of their actions may be. The location of the accident, whether in a car park, driveway, or public road, does not automatically exclude coverage. The legal character of the incident and the use of the vehicle at the time of the accident determine whether the CTP scheme applies.
What Must Be Proven for a Claim
To claim under the CTP scheme, you must establish that:
- The accident occurred on or after 1 December 2017, so the MAIA applies.
- You sustained an injury that meets the statutory definition of a threshold injury under the MAIA.
- The injury was caused by the motor vehicle accident, not by a pre-existing condition or unrelated event.
- You notified the insurer within 52 weeks of the accident, as required by law.
The CTP scheme does not require proof of fault to access benefits. However, the presence of drunk driving may be relevant to establishing the circumstances of the accident and supporting your claim.
Evidence Required to Support a Claim
To support your claim, you must provide evidence including:
- A police report confirming the driver was over the legal alcohol limit.
- Medical records detailing the nature and extent of your injuries, including diagnosis, treatment, and prognosis.
- An accident report or witness statements describing how the accident occurred.
- Proof of income and time off work, if you are claiming weekly income payments.
- Photographs of the scene, vehicle damage, or visible injuries, if available.
These documents help demonstrate the connection between the accident and your injury, and they are essential for processing your claim. The insurer may request further information or arrange a medical assessment to verify your injury and its impact.
Benefits Available Under the CTP Scheme
If your claim is accepted, you may be entitled to:
- Treatment and care benefits to cover medical and rehabilitation expenses.
- Weekly income payments if your injury prevents you from working.
- A lump sum payment for permanent impairment, if your injury results in a whole person impairment of 10% or more.
If your only injuries are threshold injuries, benefits under the MAIA are generally limited to 52 weeks. This means that weekly payments and treatment and care benefits will typically stop after 52 weeks, unless your injury is more severe and qualifies for damages.
When to Seek Help
If your claim is denied, or you are unsure whether your injury meets the threshold definition, you should seek advice from a qualified professional. A solicitor can help you understand your rights, review your evidence, and assist with appeals or disputes. You must act within the time limits set by law. For accidents on or after 1 December 2017, you must notify the insurer within 52 weeks of the accident. Missing this deadline may prevent you from accessing benefits.
Example: A Pedestrian Injured by a Drunk Driver in Sydney
A pedestrian in Sydney was struck by a car driven by a person who was over the legal alcohol limit. The police report confirmed the driver’s blood alcohol level was above the legal threshold. The pedestrian sustained a soft tissue injury to the neck and back, requiring medical treatment and time off work. The injury met the statutory definition of a threshold injury under the MAIA. The pedestrian was able to claim treatment and care benefits and weekly income payments for up to 52 weeks. Because the injury was not more severe, a lump sum damages claim was not available.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.