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).
Failure to give way accidents in New South Wales can significantly affect a person's ability to return to daily activities. Under the NSW Compulsory Third Party (CTP) scheme, claims arising from such accidents are assessed based on the nature of injuries and their impact on daily life. This article explains how SIRA evaluates claims in the Newcastle and Hunter region, focusing on practical considerations for injured parties.
How Failure to Give Way Accidents Affect Daily Activities
A failure to give way accident occurs when a driver ignores traffic signs or lines, leading to collisions. Under the Motor Accident Injuries Act 2017, injuries from such accidents are assessed using SIRA's guidelines. For example, if an accident results in soft-tissue injuries, the injured person may face temporary limitations in activities like work, exercise, or household tasks. SIRA considers whether the injury meets the 'threshold injury' definition, which includes injuries requiring medical treatment and causing functional limitations.
SIRA Guidelines for Claims in Newcastle and Hunter
SIRA's approach to claims from failure to give way accidents focuses on the injured person's ability to perform daily activities. Key factors include:
- Medical evidence showing how the injury impacts mobility, coordination, or endurance
- Documentation of reduced capacity for work or self-care
- Evidence of ongoing treatment needs
For instance, a pedestrian injured in a failure to give way accident may need to avoid certain activities for weeks, affecting their ability to work. SIRA assesses whether these limitations are temporary or long-term, which determines the type and duration of benefits.
Practical Steps for Injured Parties
To support a CTP claim, injured individuals should:
- Obtain medical records detailing activity limitations
- Document changes in daily routines (e.g., difficulty lifting objects, prolonged rest periods)
- Preserve accident details, including witness statements and traffic camera footage
- Notify their insurer promptly to avoid delays
Insurers evaluate claims by comparing the injury's impact on daily activities with SIRA's guidelines. For example, if an injury prevents someone from driving for 52 weeks, they may qualify for weekly income benefits under the scheme.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident, unless the injured person is under 18 or has a disability. Delays can reduce benefits or result in claim rejection. If an insurer disputes a claim, injured parties can request a review by SIRA or seek independent medical opinions to demonstrate the injury's effect on daily activities.
When to Seek Legal Advice
While SIRA provides a structured claims process, complex cases may require legal assistance. For example, if an accident involves multiple vehicles or disputes over fault, a solicitor can help navigate the CTP scheme's rules. Legal advice is also essential when injuries result in long-term limitations affecting career or family responsibilities.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.