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).
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, how SIRA explains the rules (Bankstown)
New South Wales law does not explicitly prohibit lane filtering, but riders must ensure their actions do not endanger others. The NSW Compensation Tribunal (SIRA) provides guidance on this issue, emphasizing road safety and legal compliance. This article explains how SIRA interprets lane filtering rules, practical steps for riders in Bankstown, and time limits for claims.
SIRA's Guidance on Lane Filtering
SIRA’s Motor Accident Guidelines state that lane filtering is permitted provided motorcyclists do not exceed the speed limit, maintain a safe distance from other vehicles, and avoid reckless behavior. While lane filtering is not illegal, riders must ensure their actions comply with traffic laws and do not create a hazard.
For example, if a motorcyclist filters through slow-moving traffic at a car park in Bankstown, they must ensure they are not weaving between vehicles or creating a risk of collision. SIRA considers factors such as vehicle positioning, speed, and road conditions when assessing claims.
Practical Steps for Riders in Bankstown
Motorcyclists should:
- Maintain a safe distance from other vehicles
- Follow posted speed limits
- Avoid weaving through traffic at high speeds
- Document incidents with photos, witness details, and medical records
If involved in an accident, notify your insurer promptly and seek medical attention even for minor injuries. SIRA requires evidence of injuries, such as medical reports, to support claims.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If injuries are below the 'threshold injury' definition, benefits may be limited after this period. Riders should act quickly to preserve their right to claim.
Disputes over lane filtering or injury claims can be resolved through SIRA’s dispute resolution process. Riders should seek legal advice if their case involves complex issues like contributory fault or overlapping workers’ compensation claims.
When to Seek Advice
SIRA’s guidelines are general and may not cover all scenarios. Riders in Bankstown should consult a legal professional if:
- They are unsure whether their actions meet SIRA’s safety standards
- They have sustained injuries requiring medical treatment
- They face disputes with insurers or other parties
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.