How Shared Liability Works in NSW CTP Claims
In a motor accident in Greater Sydney, if more than one driver contributed to the crash, the law allows for shared liability. This means the responsibility for the accident is divided between the parties involved. Under the Motor Accident Injuries Act 2017 (MAIA), the injured person may still be entitled to compensation even if they were partly at fault. The insurer of the other driver(s) will assess the degree of fault and determine the proportion of compensation payable. The injured person’s entitlement to benefits such as treatment and care, weekly income payments, and damages is not automatically barred by their own fault.
What SIRA Says About Partial Fault in CTP Claims
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW. SIRA confirms that a person who was partly at fault for a motor accident may still claim compensation under the CTP scheme. The assessment of fault is made by the insurer, and the injured person has the right to challenge the determination if they believe it is incorrect. SIRA’s guidelines state that fault is determined based on the circumstances of the accident, including driver conduct, road conditions, and any contributing factors. The injured person does not need to prove the other driver was entirely at fault to claim.
Practical Steps for Injured People in Greater Sydney
If you were injured in a motor accident in Greater Sydney and believe another driver contributed to the crash, you should take the following steps:
- Seek medical attention immediately and keep all records of treatment.
- Report the accident to the police if it involved injury or property damage, and obtain a copy of the accident report.
- Gather evidence such as photographs of the scene, vehicle damage, and witness contact details.
- Notify the CTP insurer of the other driver as soon as possible, ideally within 12 months of the accident.
- Keep a record of all correspondence with insurers, medical practitioners, and employers.
These steps help establish the facts and support your claim, particularly when fault is disputed.
How Fault Affects Your Claim
The level of fault assigned to you may affect the amount of compensation you receive. If you are found to be 20% at fault, your entitlement to damages may be reduced by 20%. However, you may still receive treatment and care benefits, and weekly income payments, regardless of your fault level. These benefits are not reduced based on fault. The law allows for a claim to proceed even if you were partly responsible, as long as you were not grossly negligent or intentionally involved in the accident.
Time Limits and Dispute Options
A claim for compensation must generally be made within 12 months of the accident date. If the injury is not immediately apparent, the 12-month period starts from when the injury was first diagnosed. If you believe the insurer’s assessment of your fault is incorrect, you may request a review. You can also apply to the Civil and Administrative Tribunal (NCAT) for a decision on the fault determination. It is important to act within the time limits to avoid losing your right to claim.
When to Seek Independent Advice
If you are unsure about how fault will affect your claim, or if the insurer disputes your entitlement, it is advisable to seek independent legal advice. A solicitor experienced in CTP claims can help you understand your rights, review the evidence, and assist in negotiating a fair outcome. The process can be complex, especially when multiple parties are involved and fault is contested.
Hypothetical Example: Shared Liability in a Sydney Car Park Accident
A pedestrian was struck by a car in a shopping centre car park in Sydney. The driver claims they did not see the pedestrian because of poor lighting and a parked vehicle blocking their view. The pedestrian was crossing the car park and admits they looked at their phone while walking. The insurer assesses the driver as 70% at fault and the pedestrian as 30% at fault. The pedestrian still qualifies for treatment and care benefits and weekly income payments. Their damages claim will be reduced by 30%. The pedestrian may challenge the 30% fault level if they believe it is too high.
Next Steps for Your Claim
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.