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).
When a motor accident involves shared fault, the Personal Injury Claimant (PIC) in New South Wales has specific expectations for resolving disputes. This article explains how the PIC handles partial fault claims under the NSW CTP scheme, focusing on practical steps and evidence needed in Bankstown. It clarifies SIRA’s role in resolving shared liability disputes and outlines what claimants should know about time limits and review processes.
How the PIC Handles Partial Fault Claims
Under the Motor Accident Injuries Act 2017, the PIC assesses claims where more than one party contributed to the accident. SIRA, the NSW government body managing CTP claims, evaluates fault based on evidence such as police reports, witness statements, and medical records. The PIC expects claimants to provide clear documentation of the accident’s circumstances and the extent of each party’s involvement.
Key factors include determining whether the claimant’s injuries meet the threshold for compensation. SIRA uses the Motor Accident Guidelines to assess injuries, and partial fault claims must demonstrate that the claimant’s injuries were caused by the accident, not pre-existing conditions. If disputes arise over fault allocation, the PIC may request additional evidence or refer the matter to internal review.
Practical Steps for Claimants in Partial Fault Disputes
Claimants should take the following steps to support their case:
- Document the accident scene: Photographs, witness details, and police reports are critical.
- Preserve medical records: Ensure all treatment records clearly link injuries to the accident.
- Notify the PIC promptly: Delays in reporting can weaken a claim.
- Cooperate with SIRA’s review process: If a dispute arises, provide all requested evidence to avoid delays.
The PIC expects claimants to act diligently and provide accurate information. For example, if a claimant disputes the allocation of fault, they must demonstrate why the PIC’s assessment is incorrect, using evidence such as expert testimony or conflicting witness accounts.
Time Limits and Dispute Resolution
Under the CTP scheme, claimants must notify SIRA within 52 weeks of the accident. If a dispute over partial fault arises after this period, the PIC may refuse to process the claim. SIRA also has a 52-week timeframe to make decisions on claims, so delays in submitting evidence can lead to missed deadlines.
If a claimant disagrees with the PIC’s decision, they can request an internal review. However, the PIC does not guarantee a change in outcome. The review process focuses on whether the original decision was legally sound, not on re-evaluating the merits of the claim.
Example of a Partial Fault Dispute
Consider a scenario where a driver collides with a cyclist at an intersection. The police report indicates both parties contributed to the accident: the driver ran a red light, while the cyclist failed to yield. SIRA would assess fault based on traffic laws and evidence. If the claimant disputes the fault allocation, they must provide additional evidence, such as a traffic camera recording or expert analysis of the collision dynamics.
When to Seek Legal Advice
While SIRA handles most disputes internally, complex cases may require legal assistance. A solicitor can help claimants navigate disputes over fault allocation, ensure all evidence is submitted correctly, and challenge decisions that appear legally flawed. Legal advice is particularly useful when disputes involve multiple parties or unclear fault.
Next Steps for Claimants
Understanding the PIC’s expectations is essential for resolving partial fault disputes in Bankstown. Claimants should act quickly to submit evidence, comply with time limits, and seek legal advice if disputes escalate. By following these steps, injured parties can better navigate the CTP claims process and improve their chances of a fair outcome.
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