The 2017 reforms to NSW's Compulsory Third Party (CTP) scheme significantly changed how intersection accidents are assessed, particularly for Illawarra and South Coast residents. This article explains the legal shifts, how fault is determined, and what evidence matters for claims involving collisions at intersections or roundabouts.
How the 2017 Reforms Changed Fault Assessments
Before 2017, intersection accidents often hinged on subjective fault determinations. The reforms introduced clearer rules under the Motor Accident Injuries Act 2017, focusing on objective criteria. For example, SIRA now prioritises the 'duty of care' standard, requiring drivers to yield at intersections as per road rules. Uninsured drivers or 'nominal defendant' cases (where the at-fault driver cannot be identified) are now handled differently, with SIRA assessing fault based on evidence like traffic camera footage, witness statements, and vehicle positioning.
Documentation Critical for Intersection Claims
Intersection accidents require specific evidence to establish fault and injury. Key documents include:
- Police reports detailing traffic violations (e.g., failure to stop at a stop sign)
- Witness statements confirming vehicle movements
- Medical records linking injuries to the collision
- CCTV or dashcam footage of the incident
SIRA also requires a 'threshold injury' assessment, meaning injuries must meet the Motor Accident Guidelines' criteria (e.g., soft tissue injuries with spinal nerve-root involvement). If injuries fall below this threshold, weekly benefits may stop after 52 weeks.
Practical Steps for Claimants
After an intersection accident, injured parties should:
- Seek immediate medical attention, even for minor injuries, to document symptoms
- Report the accident to police and obtain a written account
- Gather witness details and photographic evidence of the scene
- Notify the at-fault driver's insurer through SIRA's claims portal
- Keep records of income loss and medical expenses
When to Seek Legal Advice
Disputes often arise over fault attribution, especially in complex cases involving multiple vehicles or unclear road conditions. For example, if a driver claims they were not at fault but SIRA's assessment suggests otherwise, independent legal review may be necessary. Time limits also apply: claims must be submitted within 52 weeks of the accident, though extensions may be granted for valid reasons.
A Hypothetical Example
Consider a cyclist hit at a busy intersection in Wollongong. The driver failed to yield, causing a collision. Under the 2017 reforms, SIRA would assess fault by examining:
- Traffic camera footage showing the driver's failure to stop
- The cyclist's medical records confirming neck strain (a threshold injury)
- Witness statements about the driver's actions
If the cyclist's injuries meet the threshold, they would receive weekly benefits and treatment costs. However, if the injuries are minor and resolve within 52 weeks, benefits would cease.
Next Steps
CTP claims depend on the accident date, injury severity, and evidence quality. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.