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 crossing a road on the Central Coast and were hit by a motor vehicle, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how the CTP scheme applies to pedestrian injuries at marked crossings, outlines eligibility criteria, and details what you need to know about claims on the Central Coast.
NSW CTP Scheme for Pedestrian Injuries
The NSW CTP scheme provides compensation for injuries caused by motor vehicles, including pedestrians. Under the Motor Accident Injuries Act 2017, eligible injuries include soft tissue injuries, fractures, and certain neurological conditions. For pedestrians, the key question is whether the injury meets the 'threshold injury' criteria in the Motor Accident Guidelines. This typically requires a medical assessment confirming a specific injury, such as a whiplash equivalent or a spinal nerve-root injury with neurological signs.
On the Central Coast, the process is governed by the same CTP rules as other NSW regions. However, local authorities may handle claims differently, so it's important to contact the relevant insurer or the State Insurance Regulatory Authority (SIRA) for specific guidance. The scheme does not cover all injuries, only those that meet the defined threshold.
Evidence Needed for a Pedestrian Claim
To claim under the CTP scheme, you'll need to provide evidence of:
- A confirmed injury meeting the threshold criteria
- Proof of the accident (e.g., police report, witness statements, CCTV footage)
- Medical records showing the injury's impact
- Details of how the injury affects your daily life or income
For example, if you were hit at a marked crossing and suffered a soft tissue injury, your doctor must confirm this meets the guidelines. If the injury is below the threshold, you may not qualify for compensation.
Time Limits and Dispute Resolution
You have 52 weeks from the date of the accident to claim benefits for injuries that fall within the threshold. If your injury is below the threshold, you may still be eligible for certain benefits, but these are limited after 52 weeks. If you're unsure about your eligibility, contact SIRA directly for clarification.
Disputes over claims are resolved through the NSW Civil and Administrative Tribunal (NCAT) or the Court. It's important to gather all evidence promptly and seek legal advice if your claim is rejected.
When to Seek Legal Advice
While the CTP scheme provides a clear pathway for eligible injuries, many claims involve complex issues like contributory fault, overlapping workers' compensation claims, or disputes over injury severity. A solicitor can help you understand your options and ensure you meet all requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.