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).
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).
Pedestrian crossing injuries in Armidale NSW are governed by the Motor Accident Injuries Act 2017 (MAIA) and SIRA guidelines. If you were hit at a marked crossing, you may be eligible for compensation through the NSW Compulsory Third Party (CTP) scheme. This article explains how SIRA applies to local claims, what evidence matters, and practical steps to take.
How CTP Rules Apply to Pedestrian Claims
Under the MAIA, drivers must yield to pedestrians at marked crossings. If a pedestrian is injured due to a failure to do so, they may claim compensation for injuries, medical treatment, and lost income. SIRA’s guidelines clarify that injuries must meet the 'threshold injury' definition under the Motor Accident Guidelines to qualify for benefits.
Common Scenarios in Armidale
Examples include: a pedestrian crossing at a green light being struck by a car, a cyclist hit at a crossing, or a child injured by a vehicle. SIRA considers factors like traffic signals, road conditions, and whether the pedestrian followed crossing rules. For instance, if a driver ran a red light at a marked crossing, they may be liable for injuries.
Documentation Needed for Claims
To support a claim, gather: medical records confirming injuries, police reports, witness statements, photos of the scene, and evidence of income loss. SIRA requires claims to be submitted within 52 weeks of the accident, though extensions may apply for complex cases.
Disputes and Time Limits
Disputes over fault or injury severity can arise. SIRA resolves these through its review process, which may involve medical assessments. Claims must be submitted within 52 weeks for most benefits, though some payments can extend beyond this period under specific circumstances.
When to Seek Advice
If your claim is denied or you face disputes, consult a legal professional. SIRA provides a free claims assistance service, but independent legal advice can help navigate complex cases. Always act promptly to meet deadlines and preserve evidence.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.