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).
If you were injured as a pedestrian at a marked crossing in Newcastle or Hunter, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains the evidence needed to support your claim, how to apply SIRA's requirements to your case, and when to seek legal advice.
What Evidence Proves a Pedestrian Crossing Injury Claim?
Under the Motor Accident Injuries Act 2017, you must demonstrate a connection between the accident and your injuries. Key evidence includes:
- Medical records showing injuries, treatment, and recovery progress
- Accident reports from police or traffic authorities
- Witness statements from bystanders or drivers
- Photographs of the scene, vehicle damage, and injuries
- Medical practitioner notes detailing how the injury affects your daily life
- Income records if you've lost wages due to the injury
SIRA's guidelines require documentation of both physical and functional impacts. For example, if you have soft tissue injuries meeting the threshold injury definition in the Motor Accident Guidelines, you must show how the injury affects your mobility or daily activities.
Regional Considerations for Newcastle and Hunter
While CTP claim processes are consistent across NSW, regional differences may affect:
- Local police procedures for reporting pedestrian accidents
- Availability of medical specialists in the area
- Insurer response times in regional centres
In Newcastle and Hunter, claimants should verify with local SIRA offices about specific documentation requirements. For instance, some areas may require additional evidence to prove a 'marked crossing' incident, such as traffic camera footage or council road markings.
Time Limits and Dispute Resolution
You have 3 years from the accident date to file a CTP claim under the Motor Accident Injuries Act 2017. However, benefits for threshold injuries are generally limited to 52 weeks after the accident. If your injuries exceed the threshold, you may be eligible for longer-term compensation.
If your claim is disputed, you can:
- Request a review by the insurer's internal team
- Apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision
- Seek legal advice if the dispute involves complex medical or legal issues
When to Seek Independent Advice
While the CTP scheme covers many pedestrian injuries, not all claims are straightforward. Consider consulting a solicitor if:
- Your injuries require specialist medical treatment
- You're unsure about the threshold injury criteria
- The accident involved multiple vehicles or complex circumstances
- You need help navigating the 52-week benefits limit
Example: Documenting a Crosswalk Injury
Imagine a pedestrian in Newcastle is hit at a marked crossing. They should:
- Seek immediate medical attention and document all treatment
- Report the accident to police and request a copy of the report
- Collect witness statements from nearby residents or shopkeepers
- Take photographs of the crossing, vehicle damage, and any visible injuries
- Keep records of any lost income or increased living expenses
This checklist ensures your claim meets SIRA's requirements while preserving evidence that supports your case.
Next Steps
CTP claims depend on the specific facts of your accident. To request contact about your circumstances, complete the quick, no obligation enquiry form.