Failure to Give Way Accidents and CTP Claims 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).
If you were injured in a collision where another driver failed to give way, you may have questions about your legal rights and compensation options. Under New South Wales law, failure to give way is a traffic violation that can impact claims under the Compulsory Third Party (CTP) scheme. This article explains how NSW handles these claims, what evidence matters, and when to seek legal advice.
What Is 'Failure to Give Way' Under NSW Road Rules?
Section 124 of the Road Traffic Act 1990 defines 'failure to give way' as a driver not yielding to another vehicle, pedestrian, or cyclist at a give-way sign, line, or junction. For example, if a driver enters a roundabout without yielding to traffic already in it, this could constitute failure to give way. This violation can lead to fines and, in some cases, impact the outcome of a CTP claim.
How Does a Failure to Give Way Accident Affect CTP Claims?
Under the Motor Accident Injuries Act 2017 (MAIA), CTP claims cover injuries caused by motor vehicle accidents, including those involving failure to give way. However, the claimant must prove the accident was caused by a motor vehicle and that the injury resulted from the incident. If the failure to give way was a contributing factor, it may affect the assessment of fault and compensation.
SIRA (State Insurance Regulatory Authority) handles claims under the CTP scheme. If the accident involved a failure to give way, SIRA will assess whether the claimant meets the criteria for benefits such as weekly payments, treatment, or care. The Motor Accident Guidelines outline how injuries are assessed, including whether the failure to give way caused or contributed to the injury.
What Evidence Is Needed for a Failure to Give Way Claim?
To support a claim, injured parties should gather:
- Accident reports from the police or traffic authorities
- Witness statements from drivers, pedestrians, or cyclists
- Photographs of the accident scene, traffic signs, and vehicle positions
- Medical records showing the injury and its connection to the accident
- Insurance correspondence with the at-fault driver’s insurer
Evidence of the failure to give way is critical. For example, if a driver ignored a give-way sign, this must be shown through traffic camera footage, witness accounts, or police reports. Without this, the claim may be dismissed or limited.
Common Mistakes Injured People Make in These Claims
Injured road users often make errors that weaken their case. One common mistake is failing to report the accident to the police or insurers promptly. Delays can lead to disputes over the incident’s details. Another mistake is not documenting the failure to give way. For instance, if a driver did not stop for a pedestrian at a crosswalk, this must be clearly established through evidence.
Time Limits and Dispute Resolution
CTP claims in NSW have strict time limits. The 3-year limitation period applies to claims for injuries, meaning injured parties must notify SIRA within 3 years of the accident. For benefits like weekly payments, the 52-week statutory limit applies after the injury is determined to be a 'threshold injury' under the Motor Accident Guidelines.
If a claim is disputed, injured parties can request a review by SIRA or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). Legal representation may be necessary to challenge decisions or negotiate a fair outcome.
When to Seek Legal Advice
While SIRA provides a framework for claims, the process can be complex. Injured people should seek legal advice if:
- The claim is disputed by the insurer
- The injury involves long-term consequences
- The failure to give way is contested
- The accident occurred in a car park, driveway, or private property (as these may involve different legal considerations)
A solicitor can help navigate the CTP scheme, challenge unfair decisions, and ensure all evidence is properly submitted.
Summary of Key Points
Failure to give way accidents in NSW are handled under the CTP scheme, but claimants must prove the violation and its connection to the injury. Evidence such as traffic camera footage, witness statements, and medical records is essential. Time limits apply, and legal advice may be needed to challenge disputes or secure fair compensation.
Next Steps
If you’ve been injured in a failure to give way accident, the next step is to gather evidence and notify SIRA. However, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.