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).
If you were involved in a failure to give way accident in Newcastle or the Hunter region, understanding your dispute resolution options under NSW CTP laws is critical. Fault in such accidents is determined by traffic laws, and claims must comply with strict time limits and evidence requirements. This article explains how NSW CTP rules apply to failure to give way incidents, outlines dispute resolution pathways, and highlights practical steps for claimants.
How NSW CTP Law Determines Fault in Failure to Give Way Accidents
Under the Motor Accident Injuries Act 2017, fault in failure to give way accidents is typically assigned to the driver who did not comply with traffic signs or markings. For example, if a driver entered an intersection without yielding to a vehicle already in the intersection, they are generally deemed at fault. However, the NSW Civil and Administrative Tribunal (NCAT) or the Personal Injury Commission (PIC) may reassess fault if there are disputes about the accident circumstances.
Key factors include: the position of vehicles at the scene, traffic signs, and witness statements. SIRA’s guidelines state that drivers must give way to vehicles on their right unless otherwise directed by traffic signals. If a driver ignores this rule, they are legally responsible for the accident, even if the other party also contributed.
Dispute Resolution Options for Failure to Give Way Claims
- Internal Review by SIRA: If a claimant disagrees with a decision about their benefits or injury classification, they can request an internal review. SIRA assesses whether the decision was based on correct legal interpretation and evidence.
- Medical Dispute Pathway: If there is a disagreement about the severity of injuries, claimants can refer the matter to the PIC for a medical assessment. This process involves submitting medical records and may include a medical expert’s opinion to determine if injuries meet the threshold for ongoing benefits.
- NCAT or Court Action: For disputes over fault or compensation, claimants may need to pursue a formal review through NCAT. This is typically reserved for complex cases where there is a disagreement about the accident’s cause or the extent of injuries.
Practical Steps and Evidence for Failure to Give Way Claims
To support a claim, gather evidence such as:
- Police reports detailing the accident and fault determination
- Witness statements confirming traffic laws were breached
- Medical records showing injuries consistent with the accident
- Photos of the accident scene, including traffic signs and vehicle positions
SIRA emphasizes that evidence must directly link the failure to give way to the injuries. For example, if a cyclist was hit at an intersection where the driver did not yield, medical evidence of soft-tissue injuries must be tied to the accident’s impact.
Time Limits and When to Seek Advice
Claims must be submitted within 5 years of the accident under the Motor Accident Injuries Act 2017. However, benefits for threshold injuries (e.g., soft-tissue injuries) are generally limited to 52 weeks unless the injury meets specific impairment criteria. If a claimant’s injuries are classified as threshold injuries, benefits stop after 52 weeks, even if the injury is ongoing.
If you face a dispute about fault, injury classification, or benefit entitlements, seek legal advice promptly. Delays can jeopardize your ability to challenge a decision or pursue further review.
Example: Dispute Over Fault in a Failure to Give Way Accident
Consider a scenario where a driver enters a roundabout without giving way to a vehicle already in the roundabout. The driver claims the other party was speeding, but police reports show no speed violation. SIRA would assess fault based on traffic laws, and the claimant may need to provide evidence like dashcam footage or witness accounts to challenge the initial fault assessment.
Next Steps
If you are involved in a failure to give way accident and face a dispute, the available options depend on the nature of the disagreement. Internal reviews, medical assessments, and formal tribunals are all viable pathways, but each requires timely action and proper evidence. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.