Shared Liability in CTP Claims: Understanding Fault and Caregiver Implications
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).
If you or a family member has been injured in a motor vehicle accident in Greater Sydney and are seeking compensation under the NSW Compulsory Third Party (CTP) scheme, you may be wondering how shared liability affects your claim. In NSW, the Motor Accident Injuries Act 2017 (MAIA) governs CTP claims, and it allows for partial fault claims where more than one party is at fault. This means that if you were partially responsible for the accident, your compensation may be reduced accordingly. This article explains how shared liability works in CTP claims, what caregivers and families need to consider, and how SIRA handles these scenarios.
How Shared Liability Works in NSW CTP Partial Fault Claims
Under the MAIA, if a claimant is found to have contributed to the accident, their compensation may be reduced by a proportion corresponding to their degree of fault. This is known as the 'contributory fault' principle. For example, if you were 20% at fault and the other party was 80% at fault, your compensation could be reduced by 20%. This principle applies to all CTP claims, regardless of whether the claimant was a driver, passenger, pedestrian or cyclist.
SIRA, the NSW authority that administers CTP claims, evaluates fault based on the evidence, including police reports, witness statements, and medical records. If there is a dispute about fault, the claimant may need to seek legal advice to challenge the assessment.
Caregiver and Family Considerations in CTP Claims
When a family member or caregiver is involved in a CTP claim, there are additional considerations. For instance, if a family member is injured and requires long-term care, the claim may include additional benefits such as weekly income payments or treatment and care benefits. These benefits are calculated based on the claimant’s income, the nature of the injury, and the level of care required.
Caregivers may also need to consider the impact of the claim on their own financial situation. If the claimant is unable to work due to their injury, the caregiver may need to take on additional responsibilities, which could affect their income or employment. In such cases, the claim may include a provision for the caregiver’s loss of income or additional expenses.
Practical Steps and Evidence That Usually Matter
To support a CTP claim involving shared liability and family considerations, it is important to gather and preserve relevant evidence. This includes:
- Police reports detailing the accident and fault
- Witness statements from people who saw the accident
- Medical records confirming the nature and extent of the injury
- Evidence of income or loss of income, such as payslips or employment records
- Any correspondence with the insurer or SIRA
These documents help establish the facts of the accident, the degree of fault, and the impact of the injury on the claimant and their family. It is also important to notify the relevant insurer as soon as possible, as there are time limits for making a claim under the MAIA.
Time Limits, Disputes and When to Seek Advice
Under the MAIA, there is a time limit of 52 weeks for making a claim for injuries that fall within the 'threshold injury' category. This means that if your injury is not serious enough to qualify for a full CTP claim, you may not be able to claim benefits after this period. However, if your injury is more severe, you may be able to claim for a longer period.
If you believe your claim has been assessed incorrectly or that your fault has been overestimated, you may need to seek legal advice. A solicitor can help you challenge the assessment or negotiate a better outcome. It is also important to note that the claim process can be complex, especially when multiple parties are involved or when there are family or caregiver considerations.
When to Seek Legal Advice
If you or a family member has been injured in a motor vehicle accident in Greater Sydney and are seeking compensation under the CTP scheme, it is important to understand how shared liability affects your claim. While SIRA provides a framework for assessing claims, the process can be complex, especially when there are multiple parties involved or when there are family or caregiver considerations.
If you are unsure about your rights or the steps you need to take, it is advisable to seek legal advice. A solicitor can help you understand your options, challenge an incorrect assessment, or negotiate a better outcome. Remember, every claim depends on its own facts, and the outcome may vary depending on the circumstances of the accident and the evidence available.
Next Steps
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