Understanding Failure to Give Way Accidents in NSW
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).
A failure to give way accident occurs when one driver does not yield the right of way at an intersection, roundabout, or give-way sign, resulting in a collision. In Greater Sydney, common examples include a vehicle turning left across traffic without stopping, a driver ignoring a give-way sign at a T-junction, or a car entering a roundabout without yielding to traffic already circulating. These incidents are governed by the Motor Accident Injuries Act 2017 (MAIA), which sets out the framework for compensation claims under the Compulsory Third Party (CTP) insurance scheme in New South Wales.
How Failure to Give Way Accidents Are Assessed
Under the CTP scheme, fault is assessed based on the circumstances of the accident, including traffic control devices, road markings, and driver conduct. The presence of a give-way sign or line, or the absence of a stop sign, is a key factor in determining who failed to yield. SIRA (the State Insurance Regulatory Authority) uses the Motor Accident Guidelines to assess whether a driver breached their duty of care by not giving way. The assessment considers whether a reasonable driver would have stopped or yielded under the same conditions.
What Claims Can Be Made After a Failure to Give Way Accident
If you were injured in a failure to give way accident, you may be entitled to claim under the CTP scheme. The types of benefits available include:
- Treatment and care benefits for medical and rehabilitation expenses
- Weekly income payments if you are unable to work due to injury
- Damages for pain and suffering, loss of enjoyment of life, and future care needs, if your injury meets the threshold for damages
The right to claim damages depends on whether your injury is classified as a threshold injury under the MAIA. If your injury is not a threshold injury, you may still receive treatment and care benefits and weekly payments, but you cannot claim damages unless you have a qualifying injury.
Practical Steps and Evidence That Matter
To support a claim, you must gather and preserve evidence. This includes:
- Photographs of the accident scene, including give-way signs, road markings, and vehicle positions
- A police report, if one was filed
- Witness contact details and statements
- Medical records from the time of the accident and any follow-up treatment
- A record of lost income, if applicable
- Any correspondence with the insurer or the at-fault driver’s insurer
In Greater Sydney, intersections such as the one at the corner of Parramatta Road and Liverpool Street in Surry Hills, or the roundabout at the intersection of Old South Head Road and New South Head Road in Vaucluse, are common locations for such incidents. The presence of traffic cameras, which may have recorded the event, can be critical evidence.
Time Limits and When to Seek Advice
There are time limits for making a claim under the CTP scheme. You must notify the insurer within 6 months of the accident. If you are claiming damages, you must start legal proceedings within 3 years of the accident date. These time limits apply regardless of whether the accident occurred in a busy Sydney CBD intersection or a suburban area like Bondi or North Ryde.
If the insurer disputes fault or refuses to pay benefits, you may need to apply to SIRA for a determination. Disputes over whether a driver failed to give way are common and often involve reviewing traffic camera footage, witness statements, and accident reconstruction reports.
Hypothetical Example: Intersection Accident in North Sydney
A cyclist was struck by a car turning left at a give-way intersection in North Sydney. The car had not stopped at the give-way line, and the cyclist was forced to swerve and fall. The cyclist sustained a concussion and a fractured wrist. The accident was captured on a nearby traffic camera. The cyclist sought medical treatment within 24 hours and reported the incident to the police. The insurer initially disputed fault, but the camera footage and a witness statement confirmed the driver failed to give way. The claim was accepted, and the cyclist received treatment and care benefits, weekly income payments, and later, damages for pain and suffering.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.