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 rider rides between slower-moving vehicles, is a common scenario in Newcastle and Hunter. Injuries from such accidents raise specific questions about compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how lane filtering incidents are treated legally, what evidence matters, and how injured riders can pursue claims.
How NSW CTP Laws Treat Lane Filtering Accidents
NSW CTP claims are based on the Motor Accident Injuries Act 2017. Fault does not affect compensation entitlements under the CTP scheme, which covers injuries regardless of who was at fault. However, lane filtering accidents may involve complex legal questions, such as whether the rider’s actions contributed to the incident.
SIRA (State Insurance Regulatory Authority) guidelines clarify that lane filtering is not inherently illegal, but riders must ensure their actions do not endanger others. If an accident occurs, the focus is on whether the rider’s conduct breached a duty of care, which could influence whether a claim is valid under common law. However, CTP compensation is separate from common law damages and is determined by the injury’s severity, not fault.
Practical Steps for Injured Motorcyclists
Injured riders should take these steps immediately after a lane filtering accident:
- Seek medical attention to document injuries, as some soft-tissue injuries may not show symptoms immediately.
- Collect evidence: Obtain a copy of the police report, take photos of the scene, and note witness details.
- Preserve medical records, as they are critical for determining the nature and extent of injuries.
- Contact the at-fault driver’s insurer through the CTP scheme, which manages claims for injuries.
SIRA’s guidelines emphasize that claims must be made within 52 weeks of the accident if the injury is classified as a 'threshold injury' (a minor injury meeting specific medical criteria). If the injury is more severe, the 52-week limit does not apply, and benefits may continue.
Common Concerns and Dispute Options
Injured riders often ask: 'Will I get compensation if I was filtering?' The answer depends on the injury’s severity and whether the rider’s actions contributed to the accident. SIRA’s Motor Accident Guidelines help assess injuries, including spinal nerve-root injuries that may qualify as soft-tissue injuries.
If a claim is disputed, riders may need to seek legal advice to challenge the assessment of their injury or the insurer’s refusal to pay. Disputes can also arise if the insurer claims the rider’s fault reduced their entitlements, but CTP compensation is not based on fault.
When to Seek Legal Advice
Injured riders should consult a lawyer if:
- The insurer denies the claim or offers an amount they believe is unfair.
- The injury involves complex medical conditions, such as chronic pain or neurological damage.
- The accident involved multiple parties or unclear fault.
Legal advice can help riders understand their rights under the CTP scheme and ensure they meet all procedural requirements.
Example Scenario
A motorcyclist in Newcastle filters through traffic, collides with a car, and sustains a soft-tissue injury. Under SIRA guidelines, the rider may be eligible for weekly income payments and treatment benefits. However, if the injury is classified as a threshold injury, benefits may stop after 52 weeks, even if the rider continues to experience symptoms.
Next Steps
CTP claims depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.