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, claims where more than one party contributed to a motor accident require careful documentation to support injury claims under the Compulsory Third Party (CTP) scheme. Partial fault claims are governed by the Motor Accident Injuries Act 2017, which ensures injured parties can seek compensation even when both parties share responsibility. This article explains what evidence is needed, how SIRA’s guidelines apply in regional NSW, and common pitfalls to avoid.
Key Legal Framework for Partial Fault Claims
Under NSW law, CTP claims are based on the principle that drivers must compensate others for injuries caused by their vehicle. When multiple parties are at fault, the claimant’s entitlement depends on the proportion of fault attributed to each party. The Motor Accident Injuries Act 2017 (s 4.4) limits benefits for injuries that do not meet the 'threshold injury' definition, but partial fault claims still require proof of injury impact.
SIRA’s guidelines clarify that documentation must demonstrate a direct link between the accident and the injury. For example, medical records must show how the injury affects daily life, not just confirm a diagnosis. In regional NSW, where access to specialist services may be limited, this requirement is even more critical.
Essential Evidence for Partial Fault Claims
To support a partial fault claim, injured parties must provide:
- Medical records showing injury diagnosis, treatment, and recovery timeline.
- Accident reports from police or witnesses detailing how the crash occurred.
- Witness statements confirming fault and injury details.
- Photographs of the accident scene, vehicle damage, and injury-related conditions.
- Income records to prove lost earnings or reduced capacity.
- SIRA’s injury checklist (available on their website) to ensure all required elements are addressed.
In regional areas, delays in accessing medical care may affect documentation. For instance, if a cyclist sustains a soft-tissue injury but delays seeking treatment due to limited local services, this could impact the claim. SIRA’s guidelines stress that the injury must be 'reasonably foreseeable' as a result of the accident.
Common Pitfalls in Regional NSW
- Incomplete medical records: Injuries must be documented by a medical practitioner, not just self-reported. For example, a pedestrian with a soft-tissue injury must have a doctor confirm the injury’s connection to the accident.
- Lack of witness evidence: Regional areas may have fewer witnesses, so claimants should document all available information, including phone calls with bystanders.
- Ignoring SIRA’s time limits: Benefits for threshold injuries are generally limited to 52 weeks under s 4.4 of the Motor Accident Injuries Act 2017. If the injury does not meet the threshold, claimants may need to pursue a common law damages claim.
When to Seek Legal Advice
Disputes over fault or injury documentation often require legal intervention. For example, if an insurer disputes the severity of an injury, a solicitor can help challenge the assessment. In regional NSW, where legal resources are limited, claimants should act quickly to ensure evidence is preserved.
Example Scenario
A cyclist in regional NSW is hit by a car. Both parties are at fault: the cyclist was riding without lights, and the driver was speeding. The cyclist sustains a soft-tissue injury requiring medical treatment. To support the claim, the cyclist must:
- Provide a doctor’s report linking the injury to the accident.
- Submit a police report detailing the speeding violation.
- Document any lost income due to treatment.
- Follow SIRA’s checklist to ensure all elements are covered.
Next Steps
CTP claims depend on the accident date, injury type, and evidence quality. If your claim involves partial fault, ensure all documentation meets SIRA’s standards. Complete the quick, no obligation enquiry form to discuss your circumstances.