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 a common practice in NSW, including the Newcastle and Hunter regions. However, riders and claimants often make legal and procedural errors that can impact the success of a Compulsory Third Party (CTP) claim. This article explains the key mistakes to avoid, how they affect compensation, and steps to take when navigating the CTP claims process.
Legal Rules Behind Lane Filtering Claims
NSW law permits motorcycle lane filtering under certain conditions, but riders must follow specific rules to avoid liability disputes. The Motor Accident Injuries Act 2017 and SIRA guidelines clarify that lane filtering is allowed only if the rider does not exceed the speed limit, does not endanger other road users, and maintains a safe distance from vehicles. Failure to comply with these rules can lead to claims being denied or reduced, even if the rider was not at fault.
For example, a rider who filters through lanes of stopped traffic without using turn signals or headlights may be deemed to have contributed to the accident, even if another driver caused the collision. SIRA’s Motor Accident Claims page states that claims depend on the facts of each case, including whether the rider followed traffic laws and maintained control of their vehicle.
Common Mistakes That Harm CTP Claims
Several errors frequently occur during lane filtering incidents, which can weaken a claim:
- Not documenting the accident scene: Failing to take photos of the road conditions, traffic signs, or the position of vehicles can make it harder to prove the incident occurred as claimed.
- Not seeking immediate medical attention: Injuries from lane filtering accidents may not be immediately apparent. Delayed medical treatment can lead to disputes over the connection between the accident and the injury.
- Ignoring witness statements: Witnesses can provide critical evidence about the rider’s actions, such as whether they followed lane filtering rules or signaled properly.
- Failing to report the claim promptly: CTP claims have strict time limits. Under the Motor Accident Injuries Act 2017, claims must typically be made within 52 weeks of the accident, though exceptions exist for complex cases.
Steps to Avoid Errors in the Claims Process
To strengthen a CTP claim, riders should take these steps:
- Collect evidence: Gather photos of the accident scene, traffic signs, and any damage to vehicles. Keep a record of medical treatments, including dates and diagnoses.
- Report the incident: Notify the at-fault driver’s insurer as soon as possible. Delays can lead to disputes over the claim’s validity.
- Seek legal advice: A solicitor can help navigate the CTP process, especially if there are disputes over fault or compensation.
Disputes and When to Seek Help
If a claim is denied or disputed, riders can request a review by the NSW Civil and Administrative Tribunal (NCAT). SIRA’s guidelines state that claims must be supported by evidence showing the injury resulted from the accident. For example, a rider who suffered a soft-tissue injury but did not seek medical attention within 24 hours may struggle to prove the injury was caused by the accident.
A hypothetical example illustrates this: A rider who filtered through a lane of stopped cars without using lights collided with a car that had opened its door. The rider’s failure to use lights could be seen as a contributory fault, even if the door was opened by the other driver. This mistake could reduce the compensation available under the CTP scheme.
Next Steps for Claimants
CTP claims depend on the specific facts of each case, including the rider’s actions, the nature of the injury, and the evidence collected. To ensure the best outcome, claimants should act quickly, document everything, and seek professional advice if disputes arise. Time limits and procedural requirements mean delays can harm a claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.