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).
When a driver fails to give way at an intersection in New South Wales, it can lead to a motor accident claim under the Compulsory Third Party (CTP) scheme. This article explains how such incidents are handled in NSW, using practical examples from Bathurst. The key is understanding how fault, evidence, and SIRA's assessment process apply to failure-to-give-way accidents.
How Failure to Give Way Affects CTP Claims
Under NSW law, a failure to give way is a traffic violation, but it does not automatically disqualify a claim under the CTP scheme. The CTP scheme covers injuries caused by motor vehicles, regardless of who was at fault. However, the injured party must prove the accident occurred and that their injuries were caused by the incident.
In Bathurst, as in other NSW towns, failure-to-give-way accidents are treated under the Motor Accident Injuries Act 2017. SIRA (State Insurance Regulatory Authority) manages claims under this scheme. If the accident involved a failure to give way, SIRA will assess whether the injured person meets the criteria for compensation, such as threshold injuries or long-term impairments.
Practical Steps and Evidence for Bathurst Claims
To support a CTP claim after a failure-to-give-way accident, the injured person must gather specific evidence. This includes:
- Medical records showing injuries and treatment
- Accident reports from the New South Wales Police or local authorities
- Witness statements from people who saw the incident
- Photographs of the accident scene, vehicle damage, and traffic signs
- Insurance correspondence with the at-fault driver's insurer
In Bathurst, local traffic cameras or police reports may provide critical evidence. For example, if a cyclist was hit because a car failed to give way, medical records proving soft-tissue injuries or whiplash would be essential. SIRA will also consider whether the injury meets the 'threshold injury' definition under the Motor Accident Guidelines.
Time Limits and Dispute Options
CTP claims in NSW have strict time limits. The injured person must notify SIRA within 3 years of the accident. If the claim involves long-term injuries, such as chronic pain or mobility issues, the 52-week statutory benefit period may apply. After 52 weeks, weekly payments for threshold injuries are generally limited unless the injury is classified as a whole-person impairment.
If the claim is disputed, the injured person can request a review by SIRA. In some cases, a formal dispute resolution process may be required. It is important to act quickly, as delays can reduce the chances of securing full compensation.
When to Seek Legal Advice
While the CTP scheme provides a pathway for claims, navigating the process can be complex. In Bathurst, as in other NSW areas, injured road users should seek legal advice if:
- The injury is severe and requires long-term treatment
- The at-fault driver's insurance company disputes the claim
- The accident involved multiple vehicles or complex fault
- The injured person is unsure whether their injuries qualify for compensation
Legal professionals can help ensure all evidence is properly submitted and that the claim aligns with SIRA's assessment criteria. They can also advise on disputes and appeal processes if needed.
Next Steps for Bathurst Claimants
If you've been involved in a failure-to-give-way accident in Bathurst, the first step is to seek medical attention and document the incident. Contacting SIRA within 3 years of the accident is crucial. For claims involving long-term injuries, understanding the 52-week benefit period and how SIRA assesses impairment levels is essential. If you're unsure about your options, completing the quick, no obligation enquiry form can connect you with a legal professional who can review your circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.