How the 2017 NSW CTP Reforms Changed 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).
The 2017 reforms to New South Wales' Compulsory Third Party (CTP) insurance scheme fundamentally altered how partial fault claims are handled. Before the reforms, claimants could lose up to 50% of their compensation if they were partially at fault. Now, under the revised scheme, claimants retain the right to claim full compensation for injuries caused by another driver, regardless of their own fault. This change applies to all motor accidents in NSW, including those in Illawarra and the South Coast.
Shared Liability Under the Revised CTP Scheme
The 2017 reforms introduced a 'shared liability' model. Instead of reducing compensation based on the claimant's fault, the scheme now divides liability between all parties involved. For example, if two drivers share equal fault, each would pay 50% of the total compensation. This approach ensures claimants receive full compensation for their injuries, with the fault of all parties factored into the calculation.
Practical Steps for Illawarra and South Coast Claimants
Illawarra and South Coast residents should take the following steps when pursuing a partial fault claim:
- Document all evidence of the accident, including medical records, accident reports, and witness statements.
- Notify your insurer immediately to ensure your claim is processed under the revised scheme.
- Seek legal advice if your claim involves complex fault calculations or disputes.
Time Limits and Dispute Resolution
Claimants must notify their insurer within 52 weeks of the accident. If your claim involves disputes over fault or compensation, you may need to escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). SIRA provides a dispute resolution process to help claimants navigate these situations.
Example: Shared Liability in Action
Imagine a collision on the Princes Highway in the Illawarra region where both drivers contributed to the accident. Under the 2017 reforms, each driver would pay 50% of the total compensation. This means the claimant would receive full compensation for their injuries, with the fault of both drivers proportionally applied.
When to Seek Legal Advice
While the revised scheme simplifies partial fault claims, complex cases may require legal assistance. A solicitor can help you:
- Calculate your compensation accurately.
- Navigate disputes over fault.
- Ensure your claim meets all legal requirements.
Next Steps
The 2017 reforms have made partial fault claims more straightforward for NSW residents. However, the specifics of your case will determine your entitlements. To request contact about your circumstances, complete the quick, no obligation enquiry form.