How Partial Fault Claims Impact Daily Activities Recovery
If you've been injured in a motor accident in Bankstown and are dealing with a partial fault claim, understanding how shared liability affects your recovery is critical. Under NSW’s Compulsory Third Party (CTP) scheme, compensation for daily activities recovery depends on how fault is allocated between parties. This article explains how partial fault claims work, what evidence matters, and when to seek legal advice.
NSW CTP Rules for Partial Fault Claims
New South Wales law allows for partial fault claims under the Motor Accident Injuries Act 2017. If more than one party contributed to the accident, the injured person may still be eligible for compensation, but the amount could be reduced based on the proportion of fault. For example, if you were 30% at fault and the other party 70% at fault, your compensation might be adjusted accordingly. This applies even if you’re not at fault at all, the CTP scheme covers injuries caused by others, regardless of minor shared responsibility.
SIRA’s guidelines clarify that partial fault claims are assessed based on the whole person impairment rating. If your injury impacts your ability to work, manage household tasks, or engage in daily activities, your claim must demonstrate how the accident caused these limitations. This includes medical evidence showing a connection between the accident and your reduced capacity for routine activities.
Evidence for Daily Activities Claims
To support a claim for daily activities recovery, you’ll need to provide:
- Medical records showing how the injury affects your mobility, coordination, or stamina.
- Accident reports detailing the circumstances of the crash.
- Witness statements or photographs of the scene.
- Evidence of daily activity limitations, such as:
- Statements from healthcare providers about your rehabilitation needs.
- Records of time off work or reduced work capacity.
- A rehabilitation plan outlining how your daily activities will improve.
- SIRA’s
- What You Can Claim* page explains that compensation for daily activities includes weekly income payments and treatment benefits. However, if your injury is classified as a
- threshold injury* (a soft tissue injury with minimal long-term impact), benefits may be limited after 52 weeks. This is because the CTP scheme prioritizes claims for injuries requiring prolonged recovery.
Time Limits and When to Seek Advice
You have three years from the date of the accident to make a CTP claim in NSW. However, delays can reduce your chances of securing full compensation. For example, if you fail to notify the at-fault driver’s insurer within this period, your claim may be dismissed. Additionally, if your injury worsens or impacts your daily activities after the initial 52-week period, you may need to seek legal advice to explore further options.
If your injury affects your ability to work, manage household tasks, or engage in social activities, it’s important to consult a solicitor. Partial fault claims can be complex, especially when multiple parties are involved. A lawyer can help you understand how shared liability impacts your recovery and ensure you meet all legal requirements.
Example: How Partial Fault Affects Daily Activities
Consider a scenario where a driver in Bankstown collides with a cyclist. The driver was speeding, but the cyclist also failed to use a designated bike lane. Under NSW law, both parties may share fault. If the cyclist’s injury limits their ability to walk for 12 weeks, they may receive weekly income payments for that period. However, if the injury is classified as a threshold injury, benefits may stop after 52 weeks, even if recovery is incomplete. This highlights the importance of accurate medical assessments and timely legal input.
Next Steps
If you’re recovering from an injury in Bankstown and believe your daily activities are affected by a partial fault claim, seek legal advice as soon as possible. General information cannot determine whether a claim is available in your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.