How SIRA Handles CTP Claims Involving Learner Drivers
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).
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, claims for injuries caused by learner drivers are managed under the Motor Accident Injuries Act 2017 and administered by the State Insurance Regulatory Authority (SIRA). Learner drivers, including those with a P-plate or supervising a learner, are covered under the Compulsory Third Party (CTP) scheme. SIRA evaluates claims based on the injury severity, medical evidence, and the circumstances of the accident. If a claimant disputes SIRA’s decision, they must follow specific internal review processes before seeking external dispute resolution.
Dispute Resolution Options for Supervised Learner Driver Crashes
When a claimant disagrees with SIRA’s assessment of a learner driver accident, they have two main options: internal review and external dispute resolution. First, they can request a review by SIRA’s internal team, which may reassess the claim based on new evidence or clarification. If the review does not resolve the dispute, the claimant may escalate the matter to the NSW Civil and Administrative Tribunal (NCAT) or seek legal advice. It’s important to note that disputes do not guarantee a changed decision, and SIRA retains discretion in its final determination.
Practical Steps and Evidence Needed
To support a CTP claim after a learner driver accident, claimants must provide detailed evidence, including:
- Medical records confirming the injury and its link to the accident
- Police reports or accident statements
- Witness statements
- Proof of income to support claims for lost wages
- Documentation of treatment costs or medical expenses
For learner driver accidents, SIRA may also assess whether the supervising driver met the legal requirements for supervision. Claimants should gather all relevant documents promptly, as time limits apply. If a claimant is unsure about their evidence or the process, they should seek legal advice before submitting a dispute.
Time Limits and When to Seek Advice
Under NSW law, claimants must notify SIRA of their intention to make a claim within 52 weeks of the accident. If the claim is not submitted within this timeframe, it may be rejected. For disputes, claimants should act quickly, as delays can reduce the chances of a successful outcome. If a claimant is unsure whether they meet the criteria for a CTP claim, they should contact SIRA directly or consult a legal professional before proceeding with a dispute.
Example Scenario: Passenger Injured in Learner Driver Crash
Consider a passenger injured in a car crash involving a learner driver in Western Sydney. The passenger’s medical records show a soft-tissue injury, and the accident report indicates the learner was under supervision. SIRA may initially deny the claim, citing the injury as a 'threshold injury' under the Motor Accident Guidelines. The claimant could dispute this by providing additional medical evidence or arguing that the injury exceeds the threshold. However, SIRA may still reject the claim, emphasizing that threshold injuries are limited to specific recovery periods.
Next Steps for Claimants
If a claimant is involved in a learner driver accident and faces a dispute, they should first review the evidence they have collected. If they are unsure about the process or the validity of their claim, they should complete the quick, no obligation enquiry form to request contact about their circumstances. General information cannot determine whether a claim is available in an individual case, and time limits may apply.