Elderly Pedestrian Injuries, CTP Scheme Eligibility Basics
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).
If you or a loved one has been struck by a vehicle in Greater Sydney and is over 65, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains the key eligibility criteria, what claims cover, and the practical steps to take after an injury.
The NSW CTP Rules That Apply to Elderly Pedestrians
The NSW CTP scheme is designed to provide compensation to injured parties in motor vehicle accidents, regardless of fault. Under the Motor Accident Injuries Act 2017, all drivers in NSW are required to carry CTP insurance, which covers injuries to pedestrians, cyclists, and other road users.
For elderly pedestrians, the scheme applies in the same way as for younger individuals. This means that if you were struck by a vehicle and suffered an injury, you may be eligible for compensation for medical treatment, lost income, and other related expenses.
However, there are specific rules that apply to older individuals. For example, the scheme has a threshold injury definition that determines whether you qualify for benefits. This is based on the Motor Accident Guidelines, which outline what injuries are considered 'threshold injuries' under the scheme.
Practical Steps and Evidence That Usually Matter
If you or a family member has been struck by a vehicle, it is important to take the following steps to support your claim:
- Seek immediate medical attention, Even if you feel fine, injuries to older individuals can be complex and may not show symptoms immediately.
- Document the accident, Take photos of the scene, note the time and location, and record any witness details.
- Obtain a medical report, Your doctor or specialist should document the nature of your injuries and their connection to the accident.
- Keep records of income and expenses, This includes your income before the accident, any lost wages, and medical costs.
- Notify the relevant insurer, The at-fault driver’s CTP insurer is responsible for paying claims under the scheme.
Time Limits, Disputes and When to Seek Advice
There are strict time limits for making a CTP claim in NSW. Generally, you must lodge your claim within 52 weeks of the accident. This is because the scheme only covers injuries that result in a 'threshold injury', meaning the injury must be serious enough to qualify under the Motor Accident Guidelines.
If your injury is not considered a threshold injury, you may still be eligible for certain benefits, such as treatment and care benefits, depending on the nature of your injuries.
If you believe your claim has been denied or you are unsure of your options, it is important to seek legal advice. A solicitor can help you understand your rights and ensure your claim is processed correctly.
When to Seek Legal Advice
If you or a family member has been struck by a vehicle and is over 65, it is important to understand your eligibility for compensation under the NSW CTP scheme. While the scheme is designed to cover injuries to all road users, older individuals may have unique circumstances that affect their claim.
If you are unsure whether your injuries qualify for benefits, or if your claim has been denied, it is important to seek legal advice. A solicitor can help you understand your options and ensure your claim is processed correctly.
Next Steps
If you or a loved one has been struck by a vehicle in Greater Sydney and is over 65, you may be eligible for compensation under the NSW CTP scheme. While the scheme is designed to cover injuries to all road users, older individuals may have unique circumstances that affect their claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.