How SIRA Assesses 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).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured in a motor accident where both parties share responsibility, the New South Wales Compensation Tribunal (SIRA) determines your entitlements based on fault percentages. SIRA’s framework for partial fault claims in Bathurst and other NSW areas focuses on how each party’s contribution to the crash affects your compensation. This article explains how SIRA applies the law, what evidence matters, and how to challenge insurer decisions.
NSW CTP Rules for Partial Fault Claims
Under the Motor Accident Injuries Act 2017, CTP insurers must compensate injured parties even if they are partially at fault. SIRA’s guidelines clarify that fault is assessed by considering all contributing factors, such as speeding, distracted driving, or failure to yield. For example, if a driver in Bathurst rear-ended another vehicle because they were distracted by their phone, SIRA would evaluate how much each party’s actions contributed to the crash.
The key legal principle is that CTP insurers must pay for injuries caused by a motor accident, regardless of fault, but the amount of compensation depends on how much each party contributed to the incident. This is distinct from common law claims, where fault often determines liability. SIRA’s role is to interpret the law and apply it consistently across NSW.
Practical Steps and Evidence for Partial Fault Claims
To support your claim, gather evidence that shows how each party contributed to the accident. This includes:
- Accident reports from the New South Wales Police or the New South Wales Roads and Maritime Services.
- Witness statements from people who saw the incident.
- Medical records showing the injury’s connection to the accident.
- Photographs of the damage or road conditions.
- Driver logs or phone records proving distractions or other contributory factors.
In Bathurst, where road conditions or local traffic patterns may affect fault assessments, evidence about the specific location is critical. For instance, if the accident occurred at a busy intersection with poor signage, this could influence how SIRA weighs each party’s responsibility.
Time Limits and Disputing Insurer Decisions
CTP claims must be submitted within 52 weeks of the accident if the injury is a threshold injury (as defined by the Motor Accident Guidelines). If your injury is more severe, you may be eligible for long-term benefits. However, if your claim is denied or disputed, you can:
- Request a review with your insurer, citing specific evidence.
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT).
- Appeal to the Supreme Court if necessary.
SIRA’s guidelines emphasize that disputes often arise when insurers fail to account for all contributory factors. For example, if an insurer ignores a driver’s failure to maintain a safe distance, this could lead to an underpayment of benefits.
Example: How SIRA Calculates Shared Liability
Consider a scenario in Bathurst where two cars collide: one driver was speeding, and the other ran a red light. SIRA would assess the fault split based on traffic camera footage, witness accounts, and police reports. If the speeding driver is found 70% at fault and the red-light runner 30%, your compensation would reflect this split. This ensures that each party’s contribution is fairly considered.
When to Seek Legal Advice
If your insurer refuses to pay or disputes the fault percentage, it’s important to consult a solicitor experienced in NSW CTP claims. They can help you:
- Challenge the insurer’s assessment of fault.
- File a formal dispute with NCAT.
- Understand your rights under the Motor Accident Injuries Act 2017.
Final Steps for Claimants
CTP claims in NSW depend on the specific facts of your case. While SIRA provides a framework for assessing shared liability, the outcome often hinges on how well your evidence supports your version of events. If you’re unsure about your entitlements or need help with a disputed claim, complete the quick, no obligation enquiry form to request contact about your circumstances.