CTP Partial Fault Claims: Understanding Eligibility in Western Sydney
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 accident in Western Sydney and are unsure whether you can claim under NSW's Compulsory Third Party (CTP) scheme, this guide explains how shared liability affects eligibility. The CTP scheme covers claims where the injured person is not at fault, but partial fault claims require careful assessment of fault and liability.
Key Eligibility Criteria for Partial Fault Claims
Under the Motor Accident Injuries Act 2017, the CTP scheme covers claims where the injured person is not at fault. However, if the accident involved shared fault between multiple parties, the injured person's eligibility depends on whether they contributed to the crash. The scheme does not cover claims where the injured person is at fault, even if others are also at fault. For example, if both drivers were distracted and caused a collision, the injured driver may not be eligible for CTP compensation.
How Shared Liability Works in CTP Claims
The CTP scheme does not reduce compensation based on shared fault. However, the injured person must not have contributed to the accident. If the accident involved multiple parties, the insurer of the at-fault driver (or drivers) must cover the claim. If fault is shared, the injured person may still be eligible if they are not at fault. For instance, if a driver ran a stop sign and another driver was speeding, the injured driver may still claim under CTP if they were not at fault.
Steps to Claim Under the CTP Scheme in Western Sydney
To claim under the CTP scheme, you must:
- Notify the at-fault driver's insurer within 52 weeks of the accident.
- Provide medical evidence showing your injuries and how they relate to the accident.
- Submit a claim form through the insurer or via SIRA (State Insurance Regulatory Authority).
- Keep records of all evidence, including medical reports, accident reports, and witness statements.
Time Limits and Dispute Options
Claims must be made within 52 weeks of the accident. If the insurer disputes the claim, you may need to request a review or seek independent medical advice. The CTP scheme does not cover claims where the injured person is at fault, so it's critical to establish that you were not responsible for the accident.
When to Seek Legal Advice
If you're unsure about fault, eligibility, or the claim process, consult a solicitor. Legal advice can help clarify whether your claim falls under the CTP scheme and how to proceed. Remember, every claim depends on its own facts.
Next Steps
CTP entitlements depend on the accident date, fault, and injury type. To request contact about your circumstances, complete the quick, no obligation enquiry form.