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 partial fault motor accident in Western Sydney, understanding what evidence to retain is critical. Under NSW law, claims where multiple parties contributed to the crash require careful documentation to support your CTP compensation. This article explains the evidence needed, how SIRA evaluates claims, and practical steps to preserve records for shared liability disputes.
NSW CTP Rules for Partial Fault Claims
New South Wales' Motor Accident Injuries Act 2017 governs CTP claims, including situations where fault is shared. SIRA (State Insurance Regulatory Authority) administers these claims, and its guidelines state that all parties must demonstrate their contribution to the crash. For partial fault cases, you must prove:
- The other party's actions directly caused the accident
- Your own actions did not significantly worsen the outcome
- The injury or damage resulted from the crash
SIRA's 'Making a motor accident claim' page confirms that partial fault claims are evaluated based on the 'percentage of fault' each party bears. This means evidence must clearly show how each party's actions contributed to the crash.
Evidence to Retain for Shared Liability Disputes
When multiple parties are at fault, retaining detailed records is essential. Key evidence includes:
- Accident reports: Obtain copies from police or witnesses. These documents establish the sequence of events and identify fault.
- Medical records: Document all injuries, treatments, and diagnoses. SIRA requires evidence linking the accident to your injuries, especially for threshold injuries (soft tissue injuries meeting specific medical criteria).
- Witness statements: Written accounts from witnesses can clarify fault. SIRA emphasizes that witness evidence is crucial in partial fault cases.
- Photographs: Capture the accident scene, vehicle damage, and any visible injuries. These can support claims of fault and injury severity.
- Communication with insurers: Keep copies of all correspondence with CTP insurers. SIRA notes that delays in reporting can affect claim processing.
Organizing Records for SIRA Review
SIRA evaluates claims based on the 'percentage of fault' each party bears. To support your case, organize records by:
- Chronological order: Arrange evidence by date and time of events. This helps SIRA understand the sequence of actions leading to the crash.
- Causal links: Clearly connect each piece of evidence to the accident. For example, a medical report should explicitly state how the accident caused the injury.
- Witness credibility: If witnesses are involved, note their statements and any potential conflicts. SIRA may request witness statements during claim assessments.
Time Limits and When to Seek Advice
NSW law imposes strict time limits for CTP claims. You must notify your insurer within 52 weeks of the accident. If you fail to meet this deadline, SIRA may refuse to process your claim. For partial fault cases, delays in reporting can also affect how SIRA allocates fault percentages.
If you're unsure whether your evidence meets SIRA's requirements, seek legal advice. A solicitor can help you:
- Identify missing evidence
- Challenge fault allocations
- Navigate disputes with insurers
Example: Partial Fault in a Western Sydney Car Park
Imagine a scenario where two drivers enter a car park at the same time. Driver A fails to yield, causing a collision with Driver B. SIRA would assess:
- Whether Driver A's failure to yield was the primary cause
- Whether Driver B's actions (e.g., speeding) contributed
- The extent of injuries to both drivers
In this case, Driver A's insurer would cover Driver B's claim, and vice versa. However, if Driver B's injuries are deemed 'threshold injuries' (e.g., whiplash without long-term damage), SIRA may limit benefits after 52 weeks under the Motor Accident Injuries Act 2017 s 4.4.
Next Steps
CTP claims involving partial fault require careful documentation. If you're in Western Sydney and need help organizing evidence or disputing fault allocations, complete the quick, no obligation enquiry form. Every claim depends on its own facts, and SIRA's evaluation process can be complex without professional guidance.