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're involved in a motor accident where both parties share fault in Newcastle or the Hunter region, understanding what evidence to preserve is critical. Under NSW's Compulsory Third Party (CTP) scheme, partial fault claims require careful documentation to support your claim. This guide explains the key evidence to keep, how shared liability affects your case, and when to seek legal advice.
What Evidence Matters for Partial Fault Claims
When more than one party contributed to an accident, claimants must gather evidence to demonstrate fault and injury. Key records include:
- Medical documentation: Detailed records from doctors, physiotherapists, or specialists confirming your injuries. This includes imaging reports, treatment plans, and notes on recovery progress.
- Accident reports: Police reports, witness statements, and camera footage from nearby businesses or vehicles. These help establish the sequence of events and fault.
- Witness contact details: Names, phone numbers, and addresses of witnesses who saw the accident. Witnesses can provide crucial context about speed, road conditions, or driver behavior.
- Vehicle and road conditions: Photos of skid marks, damaged vehicles, and road signs. These can support claims about speed or failure to yield.
- Insurance correspondence: Copies of all communications with insurers, including claims forms and responses. This shows when and how you reported the incident.
How Partial Fault Affects Your Claim
Under the Motor Accident Injuries Act 2017, partial fault reduces the compensation you receive. If you were 30% at fault, for example, your total claim may be adjusted accordingly. This means:
- You must prove both your injuries and the other party's fault.
- Evidence of shared responsibility must be clear to avoid disputes.
- Claims for 'threshold injuries' (soft tissue injuries meeting specific medical criteria) may be limited to 52 weeks of benefits.
A practical example: If you were injured at a Newcastle intersection and the other driver ran a red light while you were speeding, you'd need to show both parties' actions contributed to the crash. Medical records proving your injuries and police reports detailing the collision would be essential.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident for certain benefits, but this doesn't apply to all claims. If your injuries are not 'threshold injuries', you may still pursue a claim beyond this period. Always check with SIRA or a legal professional to confirm deadlines.
If your claim is disputed, you can request a review by the NSW Civil and Administrative Tribunal (NCAT). This process requires detailed evidence to support your case.
When to Seek Legal Advice
Partial fault claims can be complex. A solicitor can help you:
- Calculate the correct compensation based on fault percentages.
- Navigate disputes with insurers.
- Ensure all evidence is properly documented and submitted.
If you're unsure about your rights or need help gathering evidence, contact a legal professional. Every claim depends on its own facts.
Next Steps
CTP claims involving partial fault require careful documentation to prove both your injuries and the other party's responsibility. By preserving key evidence and understanding how shared liability affects your case, you can better protect your rights. For personalized advice, complete the quick, no obligation enquiry form to request contact about your circumstances.