How NSW PICs Assess Shared Liability in Partial Fault 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 by determining how much each party contributed to a motor accident. If more than one driver or road user is at fault, the PIC divides liability based on the degree of responsibility. For example, if a driver runs a stop sign and a cyclist fails to yield, the PIC will assess the proportion of fault for each party. This process directly affects the compensation available under the Compulsory Third Party (CTP) scheme.
The PIC uses the Motor Accident Guidelines to assess fault, which require evidence such as police reports, witness statements, and medical records. If a claimant disputes the PIC’s assessment, they must provide additional evidence to support their version of events. The PIC’s decision is based on the facts, not on who is 'more at fault' in a subjective sense.
Evidence Required for Partial Fault Claims in Bathurst
To support a partial fault claim, claimants must gather specific evidence. Police reports from the scene are critical, as they document the accident’s circumstances. Witness statements, especially from people who saw the incident, can help establish fault. Medical records are also essential to show how the accident caused injuries, even if the injuries are minor or classified as 'threshold injuries' under the Motor Accident Injuries Act 2017.
In Bathurst, local road conditions and traffic camera footage may also be relevant. For instance, if a driver was speeding through a school zone, this could increase their proportion of fault. Claimants should preserve all accident-related documents, including photos of the damage, repair invoices, and any correspondence with insurers.
Time Limits, Disputes and When to Seek Advice
CTP claims in NSW have strict time limits. Most claims must be submitted within 52 weeks of the accident, although exceptions exist for certain injuries. If a claimant disputes the PIC’s fault assessment, they can request a review through the PIC’s internal process. This involves submitting new evidence or a written explanation of why the PIC’s decision is incorrect.
Disputes over fault apportionment are resolved by the PIC, not the courts. If a claimant disagrees with the outcome, they may need to seek independent legal advice. It’s important to note that a challenge does not guarantee a change in the PIC’s decision. The PIC’s assessment is based on the evidence provided, and the burden of proof lies with the claimant to demonstrate why the original assessment was wrong.
Example: A Partial Fault Claim in Bathurst
Consider a scenario where a driver and a cyclist both contributed to a collision. The driver was speeding through a car park, while the cyclist failed to look before crossing. The PIC would assess the driver’s fault as 60% and the cyclist’s as 40%. This split affects the compensation amount, as the CTP insurer would pay 60% of the claim based on the driver’s liability. The cyclist’s own insurance may also be involved if they were at fault.
In such cases, the PIC requires detailed evidence to support each party’s version of events. If the cyclist’s insurance company disputes the fault split, the PIC will review the evidence and may adjust the liability percentages. However, the claimant must provide new information to challenge the initial assessment.
Next Steps for Claimants in Bathurst
If you’re involved in a partial fault CTP claim in Bathurst, it’s crucial to act quickly. Gather all relevant evidence, including police reports, witness statements, and medical records. If the PIC’s assessment of fault is disputed, you may need to request a review or seek legal advice. Remember, time limits apply, and the PIC’s decision is based on the facts presented.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.