How SIRA Defines 'Failure to Give Way' for CTP Claims
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).
- In New South Wales, the
- Motor Accident Injuries Act 2017* and SIRA (State Insurance Regulatory Authority) govern compensation for motor accidents. When a driver ignores give-way signs or lines, SIRA assesses liability based on road rules and evidence. For Illawarra and South Coast claims, SIRA’s guidelines clarify that 'failure to give way' occurs when a driver does not yield to another vehicle, pedestrian, or cyclist as required by the
- Road Traffic Act 1990*. This applies regardless of location within these regions.
Practical Steps and Evidence for Proving a Failure to Give Way Accident
To establish a claim, you must prove the accident involved a failure to give way. Key evidence includes:
- Witness statements from drivers, pedestrians, or cyclists.
- Photographs of the accident scene, including give-way signs, vehicle positions, and road markings.
- Accident reports from the NSW Police or local authorities.
- Medical records documenting injuries, even if they are soft-tissue (e.g., whiplash) or threshold injuries.
- Insurance correspondence showing the insurer’s initial assessment.
SIRA emphasizes that drivers must act 'reasonably' under the circumstances. For example, if a driver ignored a give-way sign at an intersection, the other party may not be at fault unless they also breached road rules.
Time Limits, Disputes and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident, unless the injured person is a child or has a severe injury. After this period, benefits like weekly income payments stop, though treatment and care benefits may continue. If your claim is disputed, SIRA provides a review process, including mediation and formal appeals.
Disputes often arise over fault or injury severity. For instance, if your claim is rejected due to a 'threshold injury' (as defined by SIRA’s Motor Accident Guidelines), you may need to provide additional medical evidence. Always seek legal advice if your claim is denied or if you face a dispute.
Example: How SIRA Applies Rules in Regional Areas
Imagine a driver on the South Coast who ignored a give-way sign at a junction, causing a collision with a cyclist. SIRA would assess whether the driver failed to yield, considering factors like traffic conditions, signage clarity, and the cyclist’s actions. If the driver was at fault, the cyclist could claim treatment benefits, weekly payments, and compensation for pain and suffering.
Next Steps
CTP entitlements depend on the accident date, location, and evidence. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.