How SIRA Determines Liability for Intersection Accidents
In New South Wales, the Motor Accident Injuries Act 2017 governs claims under the Compulsory Third Party (CTP) scheme. SIRA (State Insurance Regulatory Authority) assesses liability for intersection accidents based on traffic laws, not fault. At intersections, drivers must yield to vehicles on their right, follow traffic signals, and ensure it is safe to proceed. If an accident occurs, SIRA evaluates whether the driver followed these rules.
For example, if a driver runs a red light and collides with another vehicle, SIRA will determine liability based on traffic camera footage, police reports, and witness statements. The key is whether the driver breached a traffic law, not whether they intended to cause harm.
Claims Available for Intersection Accidents
Under the CTP scheme, drivers involved in intersection accidents may claim:
- Weekly income support if the injury prevents work.
- Treatment and care benefits for medical expenses.
- Out-of-pocket costs like transport to appointments.
- Lump sum payments for permanent injuries exceeding the 'threshold injury' definition.
SIRA uses the Motor Accident Guidelines to assess injuries. Threshold injuries include soft tissue damage (e.g., whiplash) and minor fractures. If your injury meets this threshold, you may receive weekly benefits for up to 52 weeks. After this period, benefits typically stop unless you have a permanent impairment.
Practical Steps for Drivers in Albury
After an intersection accident, drivers should:
- Report the accident to the police and SIRA within 28 days.
- Seek medical attention immediately, even for minor injuries.
- Collect evidence: Police reports, medical records, traffic camera footage, and witness statements.
- Notify your insurer and SIRA about your claim.
If your injury requires long-term treatment, you may need to provide ongoing medical evidence to support your claim. SIRA also requires proof of income to assess weekly benefits.
Time Limits and When to Seek Advice
Drivers must report accidents to SIRA within 28 days. If you fail to do so, your claim may be denied. For injuries exceeding the threshold, you have 52 weeks to claim weekly benefits. After this period, you may need to pursue a common law damages claim through the NSW Civil and Administrative Tribunal (NCAT), though this is rare.
Disputes over liability or benefits are resolved by SIRA. If your claim is rejected, you may request a review or seek legal advice. A solicitor can help challenge SIRA's decision if you believe the assessment is incorrect.
Example: How SIRA Applies Rules at an Intersection
Imagine a driver in Albury hits a pedestrian at a stop sign-controlled intersection. SIRA will check:
- Whether the driver stopped for the pedestrian.
- Whether the pedestrian followed traffic rules.
- Whether the driver had a valid reason to proceed (e.g., a green light).
If the driver failed to stop, SIRA will likely assign liability. However, if the pedestrian jaywalked, SIRA may reduce the claimant's entitlements.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.