Time Limits for Partial Fault CTP Claims in NSW
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 more than one party contributed to the crash, you may have a claim under NSW’s Compulsory Third Party (CTP) scheme. Time limits are critical to ensure your claim is processed. Under NSW law, claims must generally be made within 6 months of the accident date. This applies even if the injury was not immediately apparent. Delays beyond this period may result in your claim being rejected, as SIRA (State Insurance Regulatory Authority) does not accept late submissions.
How Shared Liability Affects Time Limits
When multiple parties share fault, the CTP insurer of the at-fault driver must cover your claim. However, the 6-month time limit applies to the entire claim, not just the at-fault party. For example, if a driver and a pedestrian both contributed to the accident, the claim must still be filed within 6 months of the crash. SIRA’s rules state that shared liability does not extend the time limit for initiating a claim.
Practical Steps to Meet Time Limits
To preserve your right to claim, take these steps:
- Notify the CTP insurer of the accident within 6 months. This includes informing them of your injuries and the accident details.
- Gather evidence such as medical records, accident reports, witness statements, and photographs. These documents support your claim and help establish the extent of your injuries.
- Seek medical attention promptly. Delayed treatment may affect your eligibility for statutory benefits, as SIRA requires injuries to be ‘threshold injuries’ (as defined in the Motor Accident Guidelines) to qualify for weekly payments.
Statutory Benefits and Time Limits
If your injuries meet the threshold injury criteria, you may be eligible for weekly income payments and treatment benefits. However, these benefits are limited to 52 weeks after the accident if your injuries are only threshold injuries. If your injuries are more severe, you may still claim damages beyond this period, but the time limit for initiating a claim remains 6 months from the accident date.
Example: Shared Fault in a Western Sydney Car Park
Imagine a scenario where a driver and a cyclist both contributed to a collision in a Western Sydney car park. The driver failed to yield, while the cyclist rode without lights. Under NSW law, the CTP insurer of the driver must cover your claim. However, the 6-month time limit applies to the entire claim. If you wait beyond this period to file your claim, SIRA may refuse it, even if the fault is shared.
When to Seek Legal Advice
If your claim is delayed, or if you are unsure whether your injuries qualify for benefits, consult a legal professional. SIRA’s rules can be complex, and time limits are strict. An experienced solicitor can help you understand your options and ensure your claim is submitted on time.
Next Steps
CTP claims depend on the accident date, fault allocation, and evidence. To request contact about your circumstances, complete the quick, no obligation enquiry form.