What to Expect from PICs in Partial Fault CTP Disputes
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 motor accident where both parties share responsibility, the Personal Injury Commission (PIC) will assess your claim based on the degree of fault. Under NSW's Compulsory Third Party (CTP) scheme, the PIC determines how much compensation you may receive by evaluating who contributed to the crash. This article explains what to expect during disputes, how SIRA guidelines influence decisions, and practical steps to support your claim.
NSW CTP Rules for Partial Fault Claims
New South Wales' Motor Accident Injuries Act 2017 (MAIA) governs CTP claims. Under this scheme, the PIC assesses fault based on the 'contributory fault' principle. If you contributed to the accident, your compensation may be reduced proportionally. For example, if you are 30% at fault and the other party is 70% at fault, your claim may be adjusted to reflect this.
SIRA's guidelines state that the PIC must consider all evidence, including police reports, witness statements, and medical records, to determine fault. The PIC does not assign blame but evaluates how each party's actions contributed to the crash. This process is distinct from common law claims, where fault is determined differently.
Evidence and Practical Steps for Partial Fault Disputes
To support your claim, gather the following:
- Accident reports from the NSW Police or traffic authorities
- Witness statements from people who saw the incident
- Medical records showing injuries and treatment
- Insurance details of all parties involved
- Photographs of the scene, vehicle damage, and injuries
The PIC may request additional information if the fault is unclear. For instance, if there is conflicting evidence about who ran a stop sign, the PIC will assess which party's actions were more significant in causing the crash.
Time Limits and When to Seek Advice
You have 52 weeks from the date of the accident to claim benefits for threshold injuries (such as soft tissue injuries). If your claim involves long-term impairment or requires a whole person impairment assessment, the 52-week limit does not apply. However, the PIC must be notified within 12 months of the accident to claim statutory benefits.
If disputes arise over fault or compensation, it is advisable to seek legal advice before the PIC makes a final decision. The PIC's internal review process allows for challenges, but it does not guarantee a change in the decision. The PIC must provide a written explanation of its assessment, and you may request a review if new evidence emerges.
Example of a Partial Fault Scenario
Consider a collision where both drivers were speeding. The PIC will assess which driver's speeding was more directly responsible for the crash. If the PIC determines that both drivers contributed equally to the accident, your compensation may be reduced by 50%. However, if one driver's actions were more reckless, the reduction may be less.
Next Steps
CTP claims depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts, and the PIC's expectations may vary based on the evidence and legal interpretation.