Common mistakes in multi-vehicle pile-up claims
When multiple vehicles are involved in a single crash, claimants often overlook critical steps that can derail their compensation. One major error is failing to identify all liable drivers. Under NSW CTP rules, each at-fault driver is responsible for paying claims, so missing a liable party can reduce or eliminate compensation. Another mistake is not documenting the accident scene thoroughly. SIRA requires detailed records of vehicle positions, damage, and witness statements to assess liability.
How SIRA evaluates multi-vehicle claims
SIRA assesses liability by determining which drivers contributed to the crash. In multi-vehicle pile-ups, fault is often shared, but claimants must prove that the accident was caused by the other drivers’ actions. SIRA also considers whether the claimant’s own actions contributed to the crash. For example, if a driver was speeding and collided with another vehicle, their contributory fault may reduce the compensation amount.
Practical steps to avoid errors
To avoid mistakes, claimants should:
- Gather medical records to prove injury severity, including imaging and specialist reports
- Obtain a police report or accident report documenting vehicle positions and damage
- Collect witness statements and contact details
- Preserve all correspondence with insurers, including emails and letters
- Seek medical attention immediately to establish a clear link between the accident and injuries
Time limits and dispute resolution
CTP claims must be submitted within 52 weeks of the accident for weekly income payments. However, claimants can still seek treatment and care benefits beyond this period. If SIRA disputes a claim, claimants can request a review or apply to the NSW Civil and Administrative Tribunal (NCAT). It’s crucial to act quickly, as delays can jeopardize eligibility for statutory benefits.
Example of a common error
Consider a scenario where a driver collides with two vehicles in a pile-up. If the claimant fails to notify the insurer of all three vehicles involved, SIRA may deny the claim, assuming the claimant only sought compensation from one driver. This mistake can result in significant financial loss, as each liable driver is responsible for paying claims.
When to seek legal advice
Complex multi-vehicle cases often require expert assistance. A solicitor can help identify all liable drivers, challenge incorrect liability assessments, and ensure claimants meet all statutory deadlines. Legal advice is particularly valuable when disputes arise over contributory fault or the extent of injuries.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.