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).
When a motor accident involves shared liability, resolving compensation disputes under NSW's Compulsory Third Party (CTP) scheme requires understanding how SIRA assesses fault and available resolution options. This article explains how injured parties can navigate disputes over shared liability in Western NSW, including steps to take and formal dispute pathways under the Motor Accident Injuries Act 2017.
How SIRA Assesses Shared Liability in Partial Fault Claims
SIRA evaluates shared liability by determining the proportion of fault attributable to each party. Under the Motor Accident Injuries Act 2017, claims are based on the 'contributory fault' of all involved. For example, if a cyclist and a driver both contributed to an accident, SIRA will allocate responsibility based on evidence like police reports, witness statements, and medical records. The key is proving how each party's actions directly caused or contributed to the crash. This process ensures compensation reflects the actual fault distribution, even when multiple parties are at fault.
Dispute Resolution Options for CTP Partial Fault Claims
- Negotiation with Insurers: Most disputes begin with direct communication between the injured party and the at-fault driver's insurer. SIRA encourages resolving claims through negotiation, as outlined in its Making a Motor Accident Claim guidelines. This includes submitting medical evidence, accident reports, and witness details to support your case.
- Mediation: If negotiations fail, parties can request mediation through SIRA. Mediators help clarify fault percentages and agree on compensation amounts. This step is voluntary but often speeds up resolution compared to formal legal action.
- Formal Review by SIRA: If mediation doesn't resolve the dispute, injured parties can request a formal review of the claim. SIRA will reassess the evidence and may adjust the compensation amount based on new information. This process is outlined in the What You Can Claim section of SIRA's website.
- Legal Action: As a last resort, injured parties may pursue a court claim. However, this is rare under the CTP scheme, as SIRA typically handles disputes internally. Legal action would require proving fault through a court, which can be time-consuming and costly.
Steps to Take When Resolving CTP Partial Fault Disputes
To strengthen your case, gather the following evidence:
- Medical records showing the extent of injuries and their connection to the accident
- Accident reports from police or traffic authorities
- Witness statements from people who saw the incident
- Photographs of the accident scene and vehicle damage
- Income records to support claims for lost wages
- Correspondence with insurers documenting communication
Act quickly, as time limits apply. Under the Motor Accident Injuries Act 2017, claims must be submitted within 52 weeks of the accident. Delays can reduce benefits or result in lost entitlements.
Example: Shared Liability in a Western Sydney Intersection
Consider a scenario where a cyclist and a driver both contributed to a collision at a busy intersection. The cyclist ran a red light, while the driver failed to stop for a pedestrian. SIRA would assess fault by comparing the severity of each party's actions. If the cyclist's actions were more significant, their compensation might be reduced, while the driver's insurer would cover the remaining amount. This example illustrates how fault percentages directly impact the compensation outcome.
When to Seek Legal Advice
Disputes over shared liability can be complex, especially when multiple parties are involved. A solicitor can help by:
- Reviewing evidence to identify strengths and weaknesses
- Negotiating with insurers on your behalf
- Filing formal disputes with SIRA
- Explaining legal options if mediation fails
However, legal action is rare under the CTP scheme. Most disputes are resolved through SIRA's internal processes. Always seek advice before making decisions that could affect your claim.
Next Steps for Injured Parties
If you're involved in a CTP claim with shared liability, start by documenting all evidence and contacting the at-fault driver's insurer. If disputes arise, use SIRA's mediation and review processes before considering legal action. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.