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 on the Central Coast, you may be eligible for compensation under NSW’s Compulsory Third Party (CTP) scheme. This article explains how the scheme determines eligibility, what evidence is needed, and how SIRA assesses claims. The NSW CTP scheme covers claims where a driver ignores give-way signs or lines, including failure-to-give-way incidents. However, eligibility depends on specific legal criteria and the circumstances of the accident.
NSW CTP Rules for Failure-to-Give-Way Accidents
The CTP scheme applies to motor vehicle accidents where a driver fails to give way, including situations where a driver ignores give-way signs or lines. Under the Motor Accident Injuries Act 2017, claims are typically funded by the at-fault driver’s insurer, regardless of fault. However, the scheme does not cover all incidents, only those where a driver’s actions directly caused the accident. For example, if a driver ran a red light and collided with another vehicle, the CTP scheme would apply. If the accident involved a pedestrian or cyclist, the same rules apply, provided the driver’s failure to give way was a contributing factor.
Evidence Required for Eligibility
To claim under the CTP scheme, you must provide evidence that the accident was caused by a failure to give way. Key evidence includes:
- A police report or accident statement confirming the failure to give way
- Witness statements supporting the account of the incident
- Photographs of the accident scene, including give-way signs or lines
- Medical records documenting injuries, if applicable
- A copy of the at-fault driver’s insurance details
SIRA (State Insurance Regulatory Authority) will assess whether the failure to give way was a direct cause of the accident. If the accident involved multiple parties, SIRA will determine fault based on the evidence provided.
SIRA’s Fault Assessment Process
SIRA evaluates claims by determining whether the failure to give way was a significant contributing factor. For example, if a driver failed to give way at an intersection and collided with another vehicle, SIRA will assess whether the failure to give way was the primary cause. If the accident involved a pedestrian or cyclist, SIRA will consider whether the driver’s actions directly led to the injury. It’s important to note that SIRA does not consider fault in the same way as a court. Instead, it applies a statutory test to determine whether the failure to give way was a direct cause of the accident.
Time Limits and Dispute Options
You must notify the at-fault driver’s insurer within 52 weeks of the accident to claim benefits under the CTP scheme. If the accident resulted in injuries, you must also report the claim to SIRA within this timeframe. If you believe your claim has been denied or disputed, you can request a review from SIRA. In some cases, you may need to seek independent legal advice to challenge a decision.
When to Seek Advice
The CTP scheme has strict rules about eligibility, evidence requirements, and time limits. If you’re unsure whether your failure-to-give-way accident qualifies for compensation, it’s important to seek advice from a legal professional. An experienced solicitor can help you understand your options and ensure you meet all requirements for a successful claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.