Pedestrian crossing injuries in New South Wales have changed significantly since the 2017 reforms to the Compulsory Third Party (CTP) scheme. These changes, implemented under the Motor Accident Injuries Act 2017, have altered how injuries are assessed, what benefits are available, and the steps claimants must take to pursue compensation. This article explains the key legal changes, how the NSW government assesses pedestrian injuries, and practical advice for claimants in Bankstown.
Key Changes to Pedestrian Crossing Injury Claims After 2017
The 2017 reforms introduced a new framework for assessing injuries under the CTP scheme. One of the most significant changes is the introduction of the 'threshold injury' concept. Under the Motor Accident Injuries Act 2017, a threshold injury includes soft tissue injuries such as whiplash, sprains, and strains, as well as injuries to the spine and nerves that meet specific clinical criteria.
Previously, pedestrian injuries were often assessed under common law principles, which required proof of fault and a higher threshold for compensation. Now, claimants may be eligible for statutory benefits under the CTP scheme even if the injury does not meet the common law 'threshold' for damages. This change has expanded access to benefits for many pedestrians.
How SIRA Assesses Pedestrian Injuries
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW. Under the revised rules, SIRA evaluates pedestrian injuries based on the Motor Accident Guidelines, which outline clinical criteria for threshold injuries. For example, a spinal nerve-root injury producing neurological signs may qualify as a threshold injury, even if it does not meet the traditional definition of 'whiplash' or 'soft tissue injury'.
Claimants must provide medical evidence to support their injury claim. This includes medical records, clinical assessments, and reports from medical practitioners. SIRA also considers the nature of the injury, the impact on daily life, and the duration of treatment. If the injury is classified as a threshold injury, claimants may be eligible for weekly income benefits and treatment and care benefits.
Practical Steps for Claimants in Bankstown
If you were injured as a pedestrian at a marked crossing in Bankstown, take the following steps to pursue a claim:
- Seek immediate medical attention to document your injuries. Medical records are critical for proving the nature and severity of your injury.
- Preserve evidence of the accident, including photographs of the scene, witness statements, and any accident reports.
- Notify your insurer or the at-fault driver's insurer as soon as possible. Delays in reporting may affect your claim.
- Keep records of income loss and out-of-pocket expenses, as these may be claimed under the CTP scheme.
Time Limits and Dispute Resolution
Under the CTP scheme, there are strict time limits for making claims. For example, weekly income benefits are generally available for up to 52 weeks after the accident, provided the injury is classified as a threshold injury. If your injury does not meet the threshold criteria, you may need to pursue a common law damages claim separately.
Disputes over injury classification or benefit entitlements can be resolved through SIRA's dispute resolution process. Claimants should seek legal advice if they believe their claim has been rejected unfairly.
When to Seek Legal Advice
The 2017 reforms have changed how pedestrian injuries are assessed, and the rules can be complex. If you are unsure whether your injury qualifies for benefits under the CTP scheme, or if your claim has been denied, it is important to seek legal advice. A solicitor can help you understand your options and ensure your claim is processed correctly.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.