How the PIC Assesses Fault in Partial Fault CTP Claims
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).
In New South Wales, the Personal Injury Commission (PIC) evaluates partial fault claims under the Motor Accident Injuries Act 2017. If more than one party contributed to an accident, the PIC determines the proportion of fault using the SIRA Motor Accident Guidelines. For example, if a driver ran a stop sign while a cyclist failed to yield, the PIC would assess each party’s contribution to the crash. Fault is typically measured as a percentage, with the injured party’s compensation reduced by their own fault. The PIC does not consider subjective blame but focuses on objective evidence like police reports, witness statements, and medical records.
Practical Steps and Evidence for Shared Liability Disputes
To support a partial fault claim, you must provide:
- Medical evidence showing the injury’s connection to the accident.
- Accident reports from the NSW Police or traffic cameras.
- Witness statements detailing the incident.
- Insurer correspondence showing the PIC’s initial assessment.
- Photographs of the scene, vehicle damage, and injuries.
- A key challenge is proving the
- exact contribution* of each party. For instance, if a car swerved to avoid a pedestrian but also failed to stop at a red light, the PIC will weigh both actions. SIRA’s guidelines emphasize that fault must be
- clearly attributable* to the accident, not prior conditions like pre-existing injuries.
Time Limits, Disputes and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident, though this period may extend if the injury was not immediately apparent. If the PIC disputes your claim, you can request an internal review by the PIC’s Medical Advisory Committee. This process involves:
- Submitting a written objection.
- Providing additional evidence.
- Receiving a revised decision.
Disputes over fault are resolved by the PIC, not the courts. However, the PIC’s decision is not final; you may escalate to the NSW Civil and Administrative Tribunal (NCAT) if the claim involves compensable damages beyond statutory benefits. Note that challenges do not guarantee a changed outcome.
A Hypothetical Example
Imagine a collision in Albury where a car swerved to avoid a cyclist, causing both vehicles to skid. The PIC might attribute 40% fault to the car driver (for swerving) and 30% to the cyclist (for failing to yield). The remaining 30% could be attributed to environmental factors like wet roads. The injured cyclist would receive compensation based on the 70% fault attributed to the other parties.
Next Steps
CTP entitlements depend on the accident date, injury severity, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.