What Changed in NSW CTP Laws for Lane Filtering After 2017?
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).
The 2017 reforms to New South Wales’ Compulsory Third Party (CTP) scheme introduced significant changes to how lane filtering claims are assessed, particularly for motorcycle riders. These reforms, which apply uniformly across NSW, have altered the legal boundaries for riders filtering through slow-moving traffic, including in the Illawarra and South Coast regions. Key changes include stricter requirements for proving fault, revised interpretations of 'threshold injury' for soft-tissue claims, and updated guidance from the State Insurance Regulatory Authority (SIRA) on assessing disputes.
How SIRA’s Guidance Applies to Lane Filtering Claims
SIRA’s Motor Accident Guidelines now explicitly state that lane filtering is not inherently illegal, but riders must demonstrate that their actions were reasonable and did not breach traffic rules. For example, if a rider filters through a line of stopped vehicles without causing a hazard, this may be deemed acceptable. However, if the rider’s actions contributed to an accident, such as speeding or failing to yield, insurers may dispute liability.
In the Illawarra and South Coast, claimants must provide evidence that their lane filtering was lawful. This includes police reports, witness statements, and video footage. SIRA also emphasizes that riders must not have been at fault for the accident, aligning with the Motor Accident Injuries Act 2017’s requirement that claims exclude contributory negligence.
Practical Steps for Claimants in Illawarra and South Coast
If you were injured in a lane filtering incident, take these steps:
- Document the accident: Obtain a police report, especially if the incident involved a collision or near-miss.
- Preserve evidence: Save photos of the scene, traffic conditions, and any visible damage to vehicles.
- Seek medical attention: Document injuries, as soft-tissue injuries (like whiplash) may qualify for statutory benefits under the 52-week rule.
- Notify your insurer: Inform your CTP insurer about the claim, as delays can affect your ability to access benefits.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident, unless the injury is not immediately apparent. For lane filtering disputes, SIRA advises claimants to submit a formal dispute resolution request within this period. If your claim is rejected, you may need to escalate it to the NSW Civil and Administrative Tribunal (NCAT) for review.
When to Seek Legal Advice
Lane filtering claims are complex, especially when insurers dispute fault or the nature of injuries. A solicitor can help you:
- Assess whether your actions met the legal standard for 'reasonable lane filtering'.
- Challenge an insurer’s refusal to pay benefits.
- Navigate SIRA’s dispute resolution process.
Example: A Typical Lane Filtering Claim
Imagine a rider in the Illawarra filtering through a line of stopped cars. Another rider suddenly swerves into them, causing a collision. The injured rider’s claim would depend on:
- Whether the filtering rider was speeding or violating traffic rules.
- Whether the other rider had the right of way.
- Whether the injuries qualify as 'threshold injuries' under SIRA’s guidelines.
Next Steps
CTP entitlements depend on the accident date, location, and claim details. To discuss your circumstances, complete the quick, no obligation enquiry form.