How SIRA Determines Fault in Intersection Accidents
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
When a collision occurs at an intersection in NSW, SIRA assesses fault based on traffic laws and evidence. Key factors include whether all road users followed traffic signals, right-of-way rules, and signage. For example, if a driver ran a red light while a pedestrian had the right of way, fault is typically allocated to the driver. SIRA considers police reports, witness statements, and camera footage to determine liability. Fault does not always equate to full responsibility; contributory fault may reduce compensation if the injured party also breached road rules.
Types of Damages Available for Intersection Claims
Under SIRA guidelines, injured road users can claim:
- Medical expenses (including treatment, therapy, and equipment)
- Lost income (wage loss due to injury)
- Out-of-pocket costs (e.g., transport, accommodation)
- Pain and suffering (non-material damages for physical and emotional distress)
Threshold injuries (e.g., soft tissue damage) are eligible for statutory benefits, while whole-person impairment claims require a medical report showing permanent impairment. SIRA uses the Motor Accident Guidelines to assess injury severity and determine appropriate compensation.
Practical Steps After an Intersection Collision
After an intersection accident, take these actions:
- Seek immediate medical attention - even minor injuries may worsen over time
- Document the scene - take photos of vehicle damage, road signs, and any visible injuries
- Collect witness details - note names, contact information, and statements
- Notify SIRA - complete a claim form within 52 weeks of the accident
- Preserve medical records - ensure all treatment documents are available for assessment
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks of the accident. If a claim is disputed, SIRA reviews the evidence and may request additional information. In complex cases, parties can refer to the NSW Civil and Administrative Tribunal (NCAT) for resolution. Disputes often arise over fault allocation or the extent of injuries, requiring detailed medical evidence to resolve.
When to Seek Legal Advice
While SIRA handles most claims, legal assistance may be needed for:
- Complex fault scenarios involving multiple parties
- Claims exceeding the statutory benefit cap
- Disputes over medical reports or injury severity
- Cases where the accident occurred outside standard CTP coverage (e.g., private property)
Independent legal advice ensures all claimable damages are pursued and procedural requirements are met. Legal professionals can also help challenge incorrect fault assessments or disputed injury ratings.
Example Scenario
A cyclist is injured at a busy intersection in Auburn when a car turns left without yielding. The cyclist had a green light but was distracted. SIRA would assess fault by examining traffic camera footage, the cyclist's account of the incident, and the driver's adherence to left-turn rules. The cyclist could claim medical bills and lost wages, while the driver's contributory fault might reduce compensation.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.