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 a motorcyclist moves between lanes of slow or stopped traffic, is a common practice in NSW, particularly in urban and suburban areas like Newcastle and the Hunter region. Under the Motor Accident Injuries Act 2017, this practice is not prohibited by law, but it may affect the outcome of a CTP compensation claim if an accident occurs. Whether a claim succeeds depends on the circumstances of the accident, the nature of the injuries, and whether the motorcyclist was acting reasonably and safely. In the Newcastle and Hunter region, several incidents involving lane filtering have led to CTP claims, with outcomes varying based on fault, injury severity, and evidence.
The legal framework for CTP claims in NSW is governed by the Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017. These laws provide compensation for injuries sustained in a motor vehicle accident, regardless of fault, through a statutory benefits scheme. This means that if a motorcyclist is injured while filtering between lanes, they may still be entitled to treatment and care benefits, weekly income payments, and potentially damages, depending on the injury and circumstances.
A key distinction in NSW law is between statutory benefits and common law damages. Statutory benefits are available to all injured persons, regardless of who was at fault. These include treatment and care benefits, weekly income payments, and a lump sum for non-economic loss (such as pain and suffering) if the injury meets the threshold for serious injury. However, to claim damages, which can include compensation for future loss of income, ongoing care, and higher pain and suffering payments, the injured person must meet the threshold for a serious injury, or the injury must be a threshold injury that results in a whole person impairment of at least 10%.
In the Newcastle and Hunter region, several real-world incidents illustrate how lane filtering can impact claim outcomes. For example, in 2023, a motorcyclist in Maitland was injured when a car changed lanes abruptly while the motorcyclist was filtering between two slow-moving vehicles on the M1 motorway. The motorcyclist sustained a whiplash injury and a minor concussion. Medical records confirmed the injuries, and a witness reported that the motorcyclist had been moving slowly and was visible to other drivers. The claim was accepted under the CTP scheme, and the motorcyclist received treatment and care benefits and weekly income payments for 42 weeks.
In another case, a rider in Newcastle was filtering through traffic on the Pacific Highway when a vehicle failed to check its blind spot and collided with the motorcyclist. The rider suffered a spinal nerve-root injury with neurological signs, including numbness in the left arm. This injury met the definition of a threshold injury under the Motor Accident Guidelines, and because it was not radiculopathy (which requires specific clinical signs), it qualified as a soft-tissue injury under the Act. The claim was accepted, and the motorcyclist was assessed for whole person impairment. The impairment was determined to be 12%, which allowed for a claim for damages.
These examples show that lane filtering itself does not disqualify a claim. However, the motorcyclist must have been driving reasonably and safely. The law does not require a motorcyclist to avoid filtering, but it does expect them to act with due regard for safety. Factors that may affect a claim include whether the rider was speeding, failed to signal, or was riding in a way that made them difficult to see. Evidence such as traffic camera footage, witness statements, and medical records are critical in establishing whether the motorcyclist was at fault.
Practical steps after a lane filtering accident include seeking medical attention immediately, reporting the incident to the police if it involves a vehicle, preserving any photos or videos of the scene, and notifying the CTP insurer as soon as possible. The insurer will assess the claim based on the evidence and the Motor Accident Injuries Act 2017. If the injury is a threshold injury, the claim may be limited to 52 weeks of weekly benefits and treatment and care benefits, unless the injury results in a whole person impairment of 10% or more.
Time limits apply. A claim for statutory benefits must be made within three years of the accident. A claim for damages must be made within three years of the accident or within three years of the date the injury was first diagnosed, whichever is later. These time limits are strict and must be observed.
If a claim is denied or disputed, the injured person may request a review from the insurer or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. Disputes often arise over whether an injury qualifies as a threshold injury, whether the motorcyclist was at fault, or whether the impairment assessment is correct.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.