How SIRA Handles Partial Fault Claims in NSW CTP Laws
If you were injured in a motor accident where more than one party contributed to the crash, SIRA determines how liability is split. Under NSW CTP laws, partial fault claims are assessed based on the degree to which each party’s actions caused the accident. This article explains SIRA’s approach to shared liability, the practical implications for claimants, and how this differs from full fault claims.
NSW CTP Rules Behind Partial Fault Claims
New South Wales CTP claims are governed by the Motor Accident Injuries Act 2017 (MAIA). SIRA applies the liability split rules outlined in this legislation to determine how much each party contributes to the accident. Under the MAIA, fault is assessed based on the degree of responsibility each party had for the crash. For example, if one driver ran a stop sign and the other was speeding, SIRA would calculate a liability split reflecting both parties’ roles.
SIRA’s guidelines state that liability splits are determined by the proportion of fault, not just the number of parties involved. This means that even if two drivers share blame, the compensation you receive depends on the exact percentage of responsibility assigned to each. The MAIA does not allow claimants to receive compensation if the claimant is found to be more than 50% at fault, unless the claim is for threshold injuries (as defined by the Motor Accident Guidelines).
Practical Steps and Evidence for Partial Fault Claims
To support a partial fault claim, you must provide evidence that demonstrates the degree of responsibility each party had. Key evidence includes:
- Witness statements from others who saw the accident.
- Police reports detailing the accident and any fault findings.
- Camera footage from traffic cameras or dashcams.
- Medical records showing the nature of your injuries and their connection to the accident.
- Driver’s license and vehicle registration details to establish the parties involved.
SIRA also considers traffic rules and road conditions when assessing fault. For example, if the accident occurred at a stop sign where one driver failed to stop, SIRA would likely assign more liability to that driver. However, if both drivers were distracted, the liability split would reflect that shared responsibility.
Time Limits and Dispute Options
You have three years from the date of the accident to make a CTP claim under the MAIA. If you fail to notify SIRA within this period, you may lose your right to claim compensation. It is important to act quickly, especially if the accident involved multiple parties or complex fault scenarios.
If you disagree with SIRA’s liability split or the amount of compensation offered, you can request a review of the decision. SIRA provides a formal process for disputing claims, which includes submitting additional evidence or appealing to the NSW Civil and Administrative Tribunal (NCAT). However, these options are only available if you have already submitted a claim and received a decision.
When to Seek Legal Advice
Partial fault claims can be complex, especially when multiple parties are involved or when the fault is not clearly defined. SIRA’s liability split rules are not always straightforward, and claimants may need to provide detailed evidence to support their case. If you are unsure how to proceed or if your claim is being disputed, it is advisable to seek independent legal advice. A solicitor can help you understand your rights, prepare your claim, and challenge any unfair liability splits.
Example of a Partial Fault Claim
Consider a scenario where two drivers collide at an intersection. Driver A ran a stop sign, while Driver B was speeding. SIRA would assess the degree of responsibility for each driver. If Driver A is found to be 70% at fault and Driver B 30%, the claimant would receive 70% of the available compensation for their injuries. This ensures that the claimant is compensated for the portion of the accident caused by the other party.
Next Steps for Claimants
If you were injured in a motor accident where fault is shared, it is important to understand how SIRA assesses liability splits. The rules are clear under the MAIA, but the process requires careful evidence gathering and timely action. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.