How Did the 2017 NSW CTP Reforms Change Partial Fault Claims?
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).
The 2017 reforms to New South Wales’ Compulsory Third Party (CTP) scheme significantly altered how shared liability is calculated in partial fault motor accidents. Before the reforms, claims involving multiple parties often hinged on complex contributory negligence calculations. Now, under the revised scheme, liability is apportioned based on a straightforward ‘shared fault’ model. This means injured parties can claim compensation even if both drivers contributed to the crash, provided their fault is not ‘primary’ or ‘major’. The reforms also clarified how SIRA (State Insurance Regulatory Authority) assesses fault, making it easier for claimants in Bathurst and elsewhere to understand their entitlements.
What Is Shared Liability Under the Revised CTP Scheme?
Under the Motor Accident Injuries Act 2017, shared liability is determined by a ‘fault-based’ approach. If two or more drivers contributed to an accident, their fault is split proportionally. For example, if Driver A is 40% at fault and Driver B is 60% at fault, the injured party would receive 40% of their claim from Driver A’s insurer and 60% from Driver B’s insurer. This replaces the older system where contributory negligence could reduce a claimant’s compensation by up to 50%. The key change is that partial fault claims are now treated as separate entitlements, not as a deduction from a single claim.
What Evidence Matters for Partial Fault Claims in Bathurst?
To support a partial fault claim, claimants must provide evidence of fault from all parties. This includes:
- Police reports detailing the accident and fault allocation
- Witness statements
- CCTV footage or dashcam recordings
- Medical records showing the injury’s connection to the accident
- A ‘fault assessment’ from SIRA or an independent expert
SIRA uses its Motor Accident Guidelines to evaluate fault. For example, if a driver failed to stop at a stop sign (a ‘threshold injury’ under the guidelines), their fault would be assessed based on the severity of the injury and the circumstances of the crash. Claimants should also document their own injuries and how they affect their daily life, as this impacts the calculation of benefits.
How Does SIRA Assess Fault in Shared Fault Cases?
SIRA evaluates fault by considering the ‘degree of fault’ for each driver. This is determined by factors such as:
- Speeding or exceeding the speed limit
- Failing to stop at a stop sign
- Distracted driving
- Failure to yield
For instance, if Driver A was speeding and Driver B ran a red light, SIRA would split fault based on the severity of each breach. If Driver A’s speeding was the primary cause, they might bear 70% of the fault, while Driver B’s red light violation accounts for 30%. This split directly affects how much compensation each driver’s insurer pays to the injured party.
Practical Steps for Claimants in Bathurst
- Report the accident immediately to the police and exchange details with all involved drivers.
- Document the scene with photos of damage, road signs, and any visible injuries.
- Seek medical attention to establish a link between the accident and your injuries.
- Notify your insurer and request a ‘fault assessment’ from SIRA.
- Keep records of all correspondence with insurers, medical providers, and witnesses.
If you’re unsure how to proceed, contact SIRA directly or seek advice from a solicitor specialising in CTP claims. The 2017 reforms have made the process clearer, but navigating shared fault claims still requires careful attention to evidence and deadlines.
When to Seek Legal Advice
While the 2017 reforms simplified shared fault claims, they also introduced new rules. For example, the 52-week statutory benefit period applies only to injuries that meet the ‘threshold injury’ definition. If your injuries are not classified as threshold injuries, you may be eligible for long-term compensation. A solicitor can help you understand whether your case falls under these categories and ensure you meet all requirements.
Time limits also matter. Most claims must be submitted within 52 weeks of the accident, though exceptions exist for complex cases. If you’re unsure whether your claim is time-sensitive, contact SIRA or a legal professional immediately.
Next Steps
CTP partial fault claims in NSW are now governed by a clearer, more equitable system. However, the success of your claim depends on accurate fault assessment, proper documentation, and timely action. If you’ve been involved in a motor accident in Bathurst and are unsure how to proceed, complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts, and the 2017 reforms have changed how shared fault is calculated, ensuring injured parties receive fair compensation even in complex cases.