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, where riders ride closely between slower vehicles, can lead to accidents that restrict daily activities. In New South Wales, claims for injuries from such incidents fall under the Compulsory Third Party (CTP) scheme. This article explains how daily activity limitations are assessed in CTP claims following lane filtering accidents, the evidence required to support such claims, and when to seek legal advice.
How Lane Filtering Accidents Impact CTP Claims
Lane filtering is not illegal in NSW, but it can increase the risk of collisions. If an accident occurs during lane filtering, the injured party may claim compensation for injuries that limit daily activities, such as walking, working or household tasks. Under the Motor Accident Injuries Act 2017, claims must demonstrate a connection between the accident and the injury. For example, if a rider’s ability to ride or walk is impaired due to a soft-tissue injury, this could qualify as a daily activity limitation.
Proving Daily Activity Limitations
To claim compensation for daily activity restrictions, injured persons must provide evidence showing how the injury affects their routine. This includes:
- Medical records detailing the injury’s impact on mobility or function
- Statements from healthcare professionals about activity limitations
- Evidence of pre-accident activity levels (e.g., work capacity, exercise habits)
- Witness accounts or accident reports confirming the incident
SIRA (State Insurance Regulatory Authority) guidelines emphasize that claims must show a direct link between the accident and the limitation. For instance, if a rider’s ability to ride is reduced due to a spinal nerve injury, this could qualify under the 'threshold injury' definition in the Motor Accident Guidelines.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident, unless an extension is granted. If an injury is classified as a 'threshold injury' (e.g., a soft-tissue injury without significant impairment), benefits may be limited after 52 weeks. However, if the injury results in long-term restrictions, claims can continue beyond this period. Disputes over claim validity or benefit amounts can be resolved through SIRA’s review process or by seeking independent medical opinions.
Practical Steps for Injured Riders
After a lane filtering accident, injured riders should:
- Seek immediate medical attention to document injuries
- Preserve accident details, including witness statements and vehicle records
- Notify their insurer or the at-fault party’s insurer
- Consult a legal professional if daily activities are significantly impacted
When to Seek Advice
Legal advice is essential if daily activity limitations persist beyond recovery, if benefits are disputed, or if the accident involves complex factors like multiple vehicles or interstate claims. A lawyer can help ensure claims meet SIRA’s requirements and deadlines.
Example Scenario
Consider a rider who sustained a soft-tissue injury during a lane filtering incident. Medical records show the injury limits their ability to walk for extended periods. Under SIRA guidelines, this could qualify for treatment benefits and weekly income payments. If the rider’s ability to work is also affected, a claim for lost income may be possible.
Next Steps
CTP claims depend on the accident date, injury type and evidence provided. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.