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).
In New South Wales, shared liability in Compulsory Third Party (CTP) motor accident claims can influence compensation for daily activity limitations. If your injury limits your ability to perform everyday tasks, the fault apportionment between parties may affect your entitlements. This article explains how NSW CTP rules handle partial fault scenarios and what evidence matters when recovering compensation for daily activity impacts.
How Shared Liability Works in CTP Claims
NSW CTP claims are governed by the Motor Accident Injuries Act 2017. When more than one party contributes to an accident, the claimant’s compensation depends on the proportion of fault attributed to each party. For example, if a driver and a pedestrian both contributed to the crash, the claimant’s compensation may be reduced based on the pedestrian’s fault.
The Motor Accident Guidelines clarify that daily activity limitations must be assessed in the context of the claimant’s pre-accident capacity. If your injury restricts your ability to work, exercise, or manage household tasks, your claim may include compensation for these impacts. However, shared liability can reduce the amount of compensation available, depending on the fault split.
Practical Steps and Evidence for Daily Activity Claims
To support your claim for daily activity recovery, gather:
- Medical records showing your injury’s impact on daily tasks
- Evidence of your pre-accident activity level (e.g., work records, exercise habits)
- Statements from healthcare professionals about your functional limitations
- Witness accounts or accident reports detailing the incident
Insurers may request a medical report from a SIRA-approved assessor to evaluate your daily activity restrictions. This report must align with the Motor Accident Guidelines to establish a valid claim.
Time Limits and Dispute Resolution
- CTP claims must be made within 52 weeks of the accident, unless the injury is classified as a 'threshold injury' (see
- Motor Accident Injuries Act 2017 s 4.4*). If your claim involves shared liability, disputes over fault percentages may delay benefits. In such cases, the
- Motor Accident Guidelines* provide a framework for assessing fault, but final decisions rest with the insurer or tribunal.
Hypothetical Example: Shared Fault and Daily Activity Recovery
Imagine a cyclist who collided with a car at an intersection. The cyclist was speeding, while the driver ran a red light. Under NSW law, the claimant’s compensation for daily activity limitations (e.g., difficulty walking or lifting objects) would be adjusted based on the fault split. If the cyclist was 40% at fault and the driver 60%, the claimant’s compensation would reflect this proportion.
When to Seek Legal Advice
If your daily activity limitations are significant and your claim involves shared fault, consider consulting a legal professional. They can help ensure your claim aligns with SIRA guidelines and maximizes your entitlements under the CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.