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).
If you've been injured in a motor vehicle accident in Bankstown and another party shares fault, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how partial fault claims work, the early steps to take, and how SIRA handles shared liability scenarios.
How Partial Fault Claims Work in NSW
NSW's Motor Accident Injuries Act 2017 governs CTP claims. When multiple parties contribute to an accident, the CTP scheme applies shared liability principles. SIRA assesses fault based on evidence like police reports, witness statements, and medical records. Fault is measured as a percentage, which determines how much compensation each party's insurer must pay.
For example, if a driver runs a stop sign and a cyclist ignores a red light, both parties may share responsibility. SIRA will allocate compensation based on the proportion of fault, ensuring each injured party receives a fair share.
Early Steps After a Partial Fault Accident
- Seek immediate medical attention - Document all injuries and treatment, as medical records are critical evidence.
- Preserve accident details - Collect police reports, witness contact details, and photographs of the scene.
- Notify the at-fault driver's insurer - SIRA requires claims to be submitted within 52 weeks of the accident, though extensions may apply for complex cases.
- Keep records of income loss - If you're unable to work, document lost wages and any additional expenses like transport or home modifications.
Evidence Needed for Partial Fault Claims
SIRA evaluates claims based on objective evidence. Key documents include:
- Medical records showing injuries and their connection to the accident.
- Accident reports from police or private investigators.
- Witness statements confirming fault or contributing factors.
- Photographs of vehicle damage, road conditions, and injuries.
- Insurance correspondence with the at-fault party's insurer.
Time Limits and Dispute Resolution
You must notify the at-fault driver's insurer within 52 weeks of the accident. If your claim is disputed, SIRA will review it based on the evidence. If you're unsure about fault allocation or the impact of your injuries, seek legal advice before the 52-week period expires.
When to Seek Independent Advice
While SIRA handles most claims, complex partial fault scenarios involving multiple parties, long-term injuries, or disputes over fault may require a solicitor. A lawyer can help ensure your claim reflects the full extent of your injuries and the proportion of fault attributed to each party.
Next Steps
CTP claims involving partial fault depend on the specific facts of your case. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.