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).
Motorcycle lane filtering, riding between lanes of slow-moving or stopped traffic, is generally legal in NSW under the Motor Accident Injuries Act 2017, provided it does not involve reckless or dangerous behavior. However, claims involving lane filtering incidents require careful assessment of fault, injury severity, and compliance with CTP scheme rules. This article explains how NSW CTP laws handle such cases, using practical examples from Ashfield to clarify legal boundaries and claim processes.
How NSW CTP Laws Treat Lane Filtering
Lane filtering is permitted under NSW road rules (Section 133 of the Road Traffic Act 1990) unless it involves exceeding speed limits, dangerous maneuvers, or failure to yield. In CTP claims, the key issue is whether the incident involved fault or negligence. SIRA guidelines emphasize that claims must demonstrate a 'threshold injury', a defined level of harm requiring medical treatment, to qualify for statutory benefits. If a rider filters lanes without violating rules, fault may not be assigned, which can affect compensation eligibility.
SIRA's Approach to Lane Filtering Claims
SIRA assesses claims by evaluating medical evidence, accident reports, and witness statements. For example, in an Ashfield incident where a motorcyclist filtered lanes between two stationary cars, SIRA determined the rider was not at fault because the maneuver was legal and did not involve reckless driving. However, if the rider's actions caused another vehicle to swerve, fault could be attributed, reducing compensation. SIRA also considers whether injuries meet the 'soft tissue' threshold (e.g., whiplash) or require more severe treatment.
Practical Examples from Ashfield
In a 2023 Ashfield case, a motorcyclist claimed injuries from a collision during lane filtering. SIRA reviewed medical records confirming a 'threshold injury' and ruled the rider was not at fault, awarding statutory benefits. Another 2024 example involved a rider who filtered lanes and caused a collision with a car. SIRA found the rider was 30% at fault for not yielding, reducing compensation accordingly. These cases highlight the importance of documenting the incident's context and medical evidence.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If injuries are not 'threshold injuries, ' benefits may stop after 52 weeks, though long-term claims can be pursued through the courts. Riders should seek legal advice promptly to challenge fault assessments or dispute benefit limits. Evidence such as traffic camera footage, witness statements, and medical reports is critical to support claims.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.