Understanding liability assessment under the Motor Accident Injuries Act 2017
Under the Motor Accident Injuries Act 2017 (NSW), liability for motor accident compensation is assessed by insurers based on the facts of the accident and the legal framework set by the State Insurance Regulatory Authority (SIRA). This process applies uniformly across NSW, including on the Central Coast, and is not determined by location alone. Insurers must assess whether the motor vehicle accident occurred, whether the claimant was injured as a result, and whether the driver of the vehicle was at fault or contributed to the accident. The assessment is governed by statutory criteria, not subjective judgment, and must follow SIRA’s guidelines on claim handling.
Factors insurers consider in liability assessments
Insurers assess liability by examining several key factors. These include the nature of the accident, the conduct of the driver, and whether the claimant’s actions contributed to the incident. Evidence such as police reports, witness statements, photographs of the scene, and vehicle damage assessments are used to determine fault. The insurer will also review medical records to confirm that the injury occurred during the accident and was not pre-existing or unrelated. If a claimant was a pedestrian, cyclist, or passenger, their presence in the vehicle or at the scene at the time of impact is verified. Insurers are required to apply the Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 when making decisions, and must provide a written explanation if a claim is denied.
How SIRA’s guidelines apply on the Central Coast
SIRA’s published guidelines on making motor accident claims apply equally across NSW, including on the Central Coast. These guidelines clarify that liability is not automatically assumed based on who owns the vehicle or who was driving. Instead, the insurer must determine whether the driver’s conduct fell below the standard of a reasonable person in similar circumstances. For example, if a driver ran a red light and collided with a pedestrian, the insurer would likely find fault. However, if the pedestrian stepped into traffic without looking, the insurer may find the pedestrian contributed to the accident. The Central Coast’s local traffic conditions, road design, and weather at the time of the accident may also be considered, but only as part of the overall factual assessment.
Evidence that supports a liability determination
The strength of a liability claim depends on the quality and type of evidence available. Insurers rely on objective records such as police accident reports, which often include diagrams, statements from drivers and witnesses, and details of traffic signals or road signs. Photographs of the accident scene, vehicle damage, and injury patterns may also be used. Medical records showing the timing and nature of injuries are critical to confirm a causal link between the accident and harm. Claimants should preserve all documentation, including text messages, emails, or notes made shortly after the accident, as these can support the account of events. Insurers may request access to the claimant’s driver’s licence, vehicle registration, and insurance details to verify identity and coverage.
Time limits and dispute processes
There are time limits for making a claim under the Motor Accident Injuries Act 2017. A claim for statutory benefits must generally be made within three years of the accident date. If the insurer denies liability, the claimant may request a review or apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision. The review process allows the claimant to submit additional evidence or clarify inconsistencies. If the claim is still denied, NCAT can determine liability and order compensation.
Hypothetical example: A pedestrian injury on the Central Coast
A 32-year-old woman was struck by a car while crossing a busy road in Tuggerah, Central Coast, at 7:15 PM. She was hit on the left side, sustained a fractured wrist and concussion. The driver reported that she stepped into the road without looking, but a witness said she was waiting at the curb and the driver failed to stop. The insurer reviewed the police report, which noted the road had no pedestrian crossing and the driver was speeding. Medical records confirmed the injuries occurred at the time of impact. The insurer initially denied liability but later accepted it after the claimant submitted a witness statement and video from a nearby security camera. This example shows how evidence, not location, determines liability under the Act.
When to seek independent advice
If an insurer denies liability or offers a settlement that does not cover all injuries or losses, it may be appropriate to seek independent legal advice. A solicitor can help assess whether the insurer’s decision was correct under the Motor Accident Injuries Act 2017, review the evidence, and assist in making a formal dispute or claim. This is particularly important if the claimant has ongoing symptoms, needs long-term treatment, or believes the insurer has not properly considered contributory fault. The claimant should not delay in seeking advice, as time limits apply and evidence may deteriorate over time.
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