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 were injured in a failure-to-give-way accident in New South Wales, taking the right steps immediately can protect your claim under the Compulsory Third Party (CTP) scheme. This guide explains the critical actions to take, how SIRA handles such claims, and what evidence matters. Time limits and procedural rules apply, so acting quickly is essential.
Immediate Actions After a Failure to Give Way Accident
After a collision, your first priority is safety. Check for injuries and call emergency services if needed. Then, document the scene by taking photos of the vehicles, road markings, and any visible damage. Obtain contact details of witnesses and note the time, location, and conditions of the accident. Notify the police if there are injuries or significant damage, as this creates an official record.
You must also inform your insurer or the at-fault driver’s insurer about the accident within 28 days. Delays could affect your ability to claim benefits like treatment and care payments or weekly income support. SIRA, which administers NSW CTP claims, requires prompt reporting to process your application.
How SIRA Handles Failure to Give Way Claims
SIRA assesses claims based on the injury’s severity and the accident’s circumstances. For soft-tissue injuries (threshold injuries), benefits like treatment and care payments are available for up to 52 weeks. If your injury meets the whole person impairment threshold, you may qualify for long-term compensation. However, if the injury is minor and does not meet the threshold, benefits typically stop after 52 weeks under the Motor Accident Injuries Act 2017.
SIRA uses the Motor Accident Guidelines to determine eligibility. For example, a spinal nerve-root injury with neurological signs may still qualify as a soft-tissue injury, even if radiculopathy is not present. This distinction is crucial for securing ongoing support.
Evidence Needed for a CTP Claim
To support your claim, gather medical records confirming your injuries, including diagnosis and treatment details. Accident reports, witness statements, and photos of the scene are also vital. If you’ve lost income due to the injury, provide payslips or employment records. SIRA may request additional documentation, such as a medical certificate of capacity to work, to assess weekly income payments.
A hypothetical example: A cyclist injured at a crosswalk after a car failed to give way would need to document the collision, seek medical attention, and report the incident to SIRA. Their claim would depend on whether the injury meets the threshold for ongoing benefits.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim certain benefits if your injury is a threshold injury. For non-threshold injuries, benefits may stop after this period. If you’re unsure about your eligibility, seek legal advice before the 52-week mark. SIRA also allows disputes to be resolved through its review process or mediation, but delays can complicate outcomes.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.