Following a multi-vehicle pile-up in Greater Sydney, injured road users must act promptly to protect their rights under the NSW Compulsory Third Party (CTP) insurance scheme. The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those involving multiple vehicles. While fault may be disputed or shared among several drivers, the CTP scheme provides automatic access to treatment and care benefits and weekly income payments regardless of who caused the crash. The first priority is to seek medical attention and record all injuries, as medical evidence is critical to any claim.
SIRA (the State Insurance Regulatory Authority) administers the CTP scheme and provides a clear process for making a claim. In a multi-vehicle incident, each injured person must notify their own insurer or the insurer of the vehicle they were in at the time of impact. This is not a fault-based process, each claim is assessed independently under the MAIA. The insurer will assess eligibility for statutory benefits, including treatment and care, and weekly income payments if the injury affects capacity to work.
Key documentation to preserve includes: a completed police report (if one was issued); photographs of the scene, vehicle damage, and visible injuries; medical records from the first visit and all subsequent treatment; a written account of the incident from the injured person and any witnesses; and proof of lost income, if applicable. These records help establish the nature and timing of injuries, which is essential for determining entitlement to benefits and any future claim for damages.
In multi-vehicle accidents, liability may be complex. However, under the MAIA, a person does not need to prove fault to access treatment and care benefits or weekly payments. These benefits are available from the CTP insurer of the vehicle they were in at the time of the accident. If the injured person was a pedestrian, cyclist, or motorcyclist, the insurer of the vehicle that caused the impact is responsible, regardless of who was at fault.
A common issue in pile-ups is whether the injury qualifies as a threshold injury under the MAIA. A threshold injury includes soft tissue injuries, but only if they result in a permanent impairment of at least 10% of the whole person, or if they involve a spinal nerve-root injury with neurological signs other than radiculopathy. If a person’s only injuries are threshold injuries, their entitlement to weekly payments and treatment and care benefits is generally limited to 52 weeks from the date of the accident. This does not apply to injuries that are not threshold injuries, or to claims for damages.
If a person wishes to claim damages for pain and suffering, loss of enjoyment of life, or future care needs, they must meet the threshold for a serious injury. This requires a permanent impairment of at least 15% of the whole person, or a permanent loss of a bodily function, or a permanent injury to a part of the body. The Motor Accident Guidelines provide detailed criteria for assessing impairment, including the use of medical assessments and independent evaluations.
A hypothetical example: A cyclist in Sydney was struck by a car during a pile-up on the M4 motorway. The cyclist sustained a whiplash injury and a minor fracture to the wrist. The injury was diagnosed within 48 hours and treatment began immediately. The cyclist submitted a claim to the CTP insurer of the vehicle that struck them. The insurer accepted the claim and provided treatment and care benefits and weekly income payments for 52 weeks, as the injuries were determined to be threshold injuries. The cyclist later sought a damages claim, but only after a medical assessment confirmed a permanent impairment of 16% of the whole person.
Time limits apply. A claim for damages must generally be started within three years of the accident date. For statutory benefits, there is no strict deadline to apply, but delays may affect the ability to recover payments. It is advisable to notify the insurer as soon as possible after the accident.
Disputes may arise over the extent of injury, the value of weekly payments, or the classification of an injury as threshold or serious. If a dispute occurs, the injured person may seek a review through SIRA or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. Legal advice may be necessary to understand the rights and options available.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.