CTP Partial Fault Claims: Eligibility Basics for Newcastle and Hunter
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).
If you were injured in a motor vehicle accident in Newcastle or the Hunter region and are unsure whether you can claim compensation, this article explains how the NSW Compulsory Third Party (CTP) scheme handles claims where more than one party contributed to the crash.
Who is eligible to make a CTP partial fault claim?
Under the NSW CTP scheme, you may be eligible to claim compensation if you were injured in a motor vehicle accident, regardless of fault. This includes scenarios where multiple parties contributed to the crash. For example, if two drivers collided and both had a share of responsibility, you may still claim under the scheme. However, if you were yourself at fault, the amount of compensation you receive may be reduced based on your level of responsibility.
How does shared liability work in NSW CTP claims?
The CTP scheme applies to all motor vehicle accidents in NSW, including those involving shared liability. If two or more parties contributed to the crash, each party’s insurer is liable for their proportion of fault. For instance, if Driver A was 60% at fault and Driver B was 40% at fault, each insurer would cover their respective share of the claim. This applies even if the injured person was not at fault.
What documentation is required to prove eligibility?
To support your claim, you’ll need to provide evidence such as:
- Medical records confirming your injury and its link to the accident
- Police reports or accident statements detailing the incident
- Witness statements or contact details
- Proof of income if you’re claiming weekly payments
- Communication with insurers or SIRA
These documents help establish that your injury meets the scheme’s criteria and that the accident involved shared liability.
How does SIRA handle partial fault claims?
SIRA (State Insurance Regulatory Authority) administers the CTP scheme and determines eligibility based on the Motor Accident Injuries Act 2017. While the scheme covers injuries regardless of fault, the amount of compensation may be adjusted if you or the other parties were at fault. For example, if you were 20% at fault, your claim might be reduced by that percentage. However, the scheme still applies to shared liability scenarios between drivers, cyclists, or pedestrians.
Practical steps and time limits
You must notify your insurer within 52 weeks of the accident to claim weekly benefits or treatment and care. If you’re seeking damages for long-term injuries, you’ll need to meet the threshold injury criteria outlined in the Motor Accident Guidelines. Always seek legal advice if your claim is disputed or if you’re unsure about your eligibility.
When to seek independent advice
If your claim involves complex issues like shared liability, threshold injuries, or disputes with insurers, it’s wise to consult a legal professional. An experienced solicitor can help you understand how the scheme applies to your specific circumstances and ensure you meet all eligibility requirements.
Next steps
CTP entitlements depend on the date of your accident, the nature of your injury, and the circumstances of the crash. To request contact about your circumstances, complete the quick, no obligation enquiry form.