What SIRA Says About Learner Driver Accidents in NSW
If you were injured as a learner driver during supervised practice in Greater Sydney, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The State Insurance Regulatory Authority (SIRA) administers this scheme and applies the Motor Accident Injuries Act 2017 (MAIA) to all motor accident claims in NSW, including those involving learner drivers. SIRA confirms that a learner driver is covered under CTP insurance if the accident occurred while they were driving a motor vehicle under the supervision of a licensed driver who holds a current driver’s licence and is seated in the front passenger seat. This applies regardless of whether the learner driver was operating the vehicle on a public road, in a car park, or on private property, provided the vehicle was being used for driving instruction and the accident occurred during a supervised driving session.
How SIRA Determines Eligibility for Claims
SIRA assesses claims based on the legal framework in the MAIA and the Motor Accident Injuries Regulation 2017. To be eligible, the accident must have occurred during a supervised driving session, and the learner driver must have been injured as a result. The supervising driver must have been legally permitted to drive and must have been present in the vehicle at the time of the accident. SIRA does not require the learner driver to be at fault for a claim to proceed. The CTP scheme is no-fault in principle, meaning that entitlement to benefits does not depend on who caused the accident. However, if the learner driver was not properly supervised or if the supervising driver was not licensed, SIRA may assess whether the claim is still valid under the scheme’s provisions.
What You Can Claim After a Learner Driver Accident
Under the CTP scheme, you may be entitled to several forms of compensation if you were injured as a learner driver. These include:
- Treatment and care benefits to cover reasonable and necessary medical, allied health, and rehabilitation expenses.
- Weekly income payments if you are unable to work due to your injuries, up to a maximum of 52 weeks for non-threshold injuries.
- Damages for pain and suffering, out-of-pocket expenses, and loss of future earnings if you meet the threshold for a permanent impairment under the Motor Accident Guidelines.
SIRA notes that if your injuries are classified as threshold injuries (such as soft tissue injuries), you may still be eligible for treatment and care benefits and weekly payments, but damages for pain and suffering are generally not available unless you meet the threshold for a permanent impairment. The Motor Accident Guidelines define a threshold injury as one that causes a permanent impairment of at least 10% of the whole person, and the injury must have arisen from the accident.
Practical Steps and Evidence to Gather
If you were injured as a learner driver, it is important to act promptly. The first step is to seek medical treatment and keep all records, including medical reports, prescriptions, and receipts for treatment. You should also preserve any evidence related to the accident, such as:
- Photographs of the vehicle damage, road conditions, and any visible injuries.
- A written statement from the supervising driver, including details of the driving session and the circumstances of the accident.
- Contact details for any witnesses.
- A copy of the learner driver’s logbook, if available, showing the date, time, and location of the session.
- A copy of the CTP insurance certificate (green slip) for the vehicle involved.
SIRA advises that claims must be made within a reasonable time after the accident. While there is no fixed deadline for making a claim, delays may affect the ability to obtain evidence or secure compensation. It is advisable to notify the CTP insurer as soon as possible after the accident.
Time Limits and Dispute Options
There is no statutory time limit for making a claim under the CTP scheme, but delays may impact the strength of your case. If your claim is rejected or if you disagree with a decision made by the insurer or SIRA, you may request a review. You can also apply to the NSW Civil and Administrative Tribunal (NCAT) to review a decision if you believe it is incorrect. SIRA provides guidance on the review process through its website and by offering information to claimants.
Hypothetical Example
A 17-year-old learner driver was injured in a minor collision while being supervised by a licensed parent in a car park in Sydney’s Eastern Suburbs. The learner driver sustained a whiplash injury and required physiotherapy and medical assessments. The supervising parent provided a written statement confirming the session was part of a standard driving lesson. The learner driver submitted medical records, a treatment plan, and a copy of the green slip for the vehicle. SIRA confirmed the claim was valid under the MAIA and approved treatment and care benefits and weekly income payments for 52 weeks. The claim was later assessed for damages, but the injury did not meet the threshold for a permanent impairment, so damages were not awarded.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.