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).
Motorcycle lane filtering, what changed after 2017 reforms in Bathurst NSW? The 2017 reforms to New South Wales’ Compulsory Third Party (CTP) insurance scheme introduced significant changes to how lane filtering incidents are assessed, impacting eligibility for claims and compensation. This article explains the legal shifts, practical implications for riders and claimants, and how to navigate the updated rules.
What Changed in the 2017 CTP Reforms?
The 2017 reforms shifted from a strict no-fault system to a more nuanced approach, incorporating fault and contributory negligence into claims. Key changes include:
- Fault-based claims: Riders involved in lane filtering incidents may now face reduced compensation if their actions contributed to the accident. For example, riding in a lane not designated for motorcycles or exceeding speed limits could affect outcomes.
- Threshold injury rules: Under the Motor Accident Injuries Act 2017, injuries must meet specific criteria (e.g., spinal nerve-root injuries with neurological signs) to qualify for statutory benefits. Soft-tissue injuries like whiplash may no longer qualify after 52 weeks unless they meet the threshold.
- SIRA guidelines: The State Insurance Regulatory Authority (SIRA) clarified that lane filtering claims must demonstrate a direct link between the incident and the injury. Riders must provide evidence of traffic conditions, vehicle positioning, and medical records to support their case.
Practical Steps for Riders and Claimants
If you were injured in a lane filtering incident, take these steps:
- Document the accident: Gather details like traffic camera footage, witness statements, and police reports. Note the location (e.g., Bathurst’s main roads) and whether lane filtering was involved.
- Seek medical attention: Obtain records from a medical practitioner confirming your injuries. SIRA requires evidence that the injuries resulted from the accident, not pre-existing conditions.
- Notify your insurer: If you’re a registered motorist, inform your CTP insurer about the incident. Claims under the 2017 reforms may require proof of fault or contributory negligence.
- Review SIRA resources: Visit SIRA’s motor accident claims page for templates and guidance on submitting claims.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident, though exceptions exist for complex cases. If your claim is disputed, you may:
- Request a review: SIRA allows for reconsideration of claims based on new evidence or legal interpretations.
- Seek independent advice: A legal professional can assess whether contributory fault applies and how it affects your entitlements.
Example Scenario
Consider a rider in Bathurst who filtered through slow traffic, causing a collision. Under pre-2017 rules, they might have received full compensation. Now, their claim could be reduced if:
- They were riding in a lane not designated for motorcycles.
- Their speed exceeded posted limits.
- Their injuries were classified as soft-tissue and fell below the threshold.
This highlights the need to understand how fault and injury severity interact under the new rules.
When to Seek Legal Advice
If your claim involves complex factors like contributory fault, overlapping workers’ compensation claims, or interstate incidents, consult a legal professional. The 2017 reforms introduced nuanced rules that require careful analysis of your circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.