How SIRA Handles Partial Fault Claims in NSW CTP Laws (Auburn)
If you're involved in a motor accident where more than one party contributed to the crash, SIRA determines how liability is split. Under NSW’s Compulsory Third Party (CTP) scheme, partial fault claims are handled based on the Motor Accident Injuries Act 2017 and SIRA’s guidelines. This article explains how SIRA assesses shared liability, what evidence is needed, and how compensation is calculated in Auburn.
How SIRA Determines Liability Splits
SIRA evaluates partial fault claims by assessing each party’s contribution to the accident. Factors include:
- Speed and traffic rules (e.g., speeding, running a stop sign)
- Visibility and road conditions (e.g., poor lighting, obscured view)
- Vehicle control (e.g., swerving, braking)
- Witness statements and police reports
SIRA does not assign a fixed percentage of fault. Instead, it uses a qualitative approach to determine how much each party’s actions contributed to the crash. For example, if one driver ran a stop sign and the other failed to yield, SIRA might split liability 60-40.
Evidence Required for Partial Fault Claims
To support a partial fault claim, you’ll need:
- Accident report from the NSW Police or a private investigator
- Witness statements from people who saw the crash
- Photographs of the scene, vehicle damage, and road signs
- Medical records showing injuries caused by the accident
- Driver’s license and vehicle registration details
SIRA also considers traffic camera footage and vehicle black box data where available. If you’re unsure what evidence to gather, contact your local SIRA office in Auburn for guidance.
How Shared Liability Affects Compensation
Under the CTP scheme, compensation is calculated based on the degree of fault. If SIRA determines that you contributed to the accident, your compensation may be reduced. For example:
- If you’re 20% at fault and the other party is 80% at fault, you may receive 80% of the total compensation.
- If the accident involved threshold injuries (e.g., soft tissue injuries), SIRA applies the Motor Accident Injuries Act 2017 s 4.4 to limit benefits after 52 weeks.
SIRA also considers weekly income payments and treatment and care benefits when calculating compensation. If your injuries are severe, you may qualify for lifetime care payments.
Practical Steps for Partial Fault Claims in Auburn
- Notify your insurer immediately after the accident.
- Seek medical attention to document injuries.
- Gather evidence as outlined above.
- Submit a claim to SIRA within the applicable time limits (usually 3 years from the accident date).
- Attend a review if SIRA disputes your claim.
When to Seek Legal Advice
If SIRA’s liability split feels unfair or if you’re unsure how to proceed, consult a registered legal practitioner. They can help you challenge SIRA’s decision or negotiate a better outcome.
Next Steps
CTP entitlements depend on the date of the accident, injury severity, and liability splits. To request contact about your circumstances, complete the quick, no obligation enquiry form.