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 Greater Sydney, preserving evidence is critical to support your CTP claim. Under NSW law, the Motor Accident Injuries Act 2017 governs claims for injuries caused by motor vehicles. This guide explains what evidence to collect, records to keep, and steps to take after a crossing accident.
What Evidence Matters for Pedestrian Crossing Claims
The NSW Compensation and Insurance Regulatory Authority (SIRA) outlines that claims require documented proof of the injury, the accident, and the link to the motor vehicle. Key evidence includes:
- Traffic camera footage - If available, this can establish the sequence of events, vehicle speed, and pedestrian actions.
- Witness statements - Eyewitness accounts of the accident, including vehicle details and road conditions, are vital.
- Medical records - Documentation of injuries, treatments, and medical opinions (e.g., from a specialist) supports your claim.
- Accident report - Obtain a report from the NSW Police or local council detailing the incident.
- Photographs - Images of the accident scene, vehicle damage, and any visible injuries or hazards (e.g., broken traffic lights) are useful.
- Witness contact details - Keep names, phone numbers, and addresses of anyone who saw the accident.
A hypothetical example: A pedestrian struck at a crossing with traffic camera footage showing the vehicle ran a red light, witness statements confirming the speed, and medical records of leg injuries would strongly support a claim.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim benefits under the Motor Accident Injuries Act 2017, unless your injuries meet the threshold for long-term claims. If your injuries are below the threshold, benefits may stop after 52 weeks. Always check with SIRA or a legal professional to confirm your case’s timeline.
Disputes can arise if the insurer challenges the injury’s severity or the accident’s circumstances. In such cases, seeking advice from a solicitor or SIRA’s free assistance service is recommended to navigate the process.
When to Seek Legal Advice
If your claim involves complex issues like contributory fault, overlapping workers’ compensation claims, or disputes over injury severity, consult a legal professional. SIRA’s resources provide general guidance, but individual cases require tailored advice.
Next Steps
After an accident, act quickly to preserve evidence. Contact your insurer, document the scene, and seek medical attention. If you’re unsure how to proceed, the next sensible step is to complete the quick, no obligation enquiry form to discuss your circumstances.