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).
If you were injured in a crash involving a learner driver during supervised practice in Ashfield, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains the key eligibility rules, documentation needed, and practical steps for claims under the CTP scheme.
CTP Scheme Eligibility for Learner Driver Accidents
The NSW CTP scheme covers injuries from motor vehicle accidents, including those involving learner drivers. To qualify, the accident must have occurred during supervised practice. This includes situations where a learner driver was driving under the supervision of a licensed instructor or a supervising driver. The scheme does not cover accidents where the learner driver was unattended or driving unsupervised.
SIRA (State Insurance Regulatory Authority) administers the CTP scheme. When assessing claims involving learner drivers, SIRA considers whether the accident met the definition of a 'motor accident' under the Motor Accident Injuries Act 2017. This includes crashes where the learner driver was involved in a collision with another vehicle, pedestrian, or object during supervised driving.
Documentation Needed for Claims
To claim under the CTP scheme, you must provide evidence that the accident occurred during supervised practice. This includes:
- A signed declaration from the supervising driver or instructor confirming the accident occurred during supervised driving
- Police reports or accident statements
- Medical records confirming the injury
- Proof of the learner driver's licence and supervision details
SIRA may also require details of the accident location, time, and circumstances. If the accident involved a vehicle, you'll need to provide the registration number and details of the vehicle involved.
Time Limits and Dispute Resolution
Claims under the CTP scheme must be made within 52 weeks of the accident. If you fail to notify SIRA within this period, you may lose your right to claim benefits. However, exceptions can apply if there were reasonable grounds for delay.
If SIRA disputes your claim, you can request a review by submitting a written objection. More complex disputes may require mediation through the NSW Civil and Administrative Tribunal (NCAT). It's important to act quickly, as delays can affect your ability to claim.
When to Seek Legal Advice
While the CTP scheme provides a clear pathway for claims, each case is unique. If you're unsure about your eligibility, need help gathering evidence, or face a dispute with SIRA, it's advisable to seek legal advice. A solicitor can help you understand your rights and ensure you meet all requirements for a successful claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.