Pedestrian Crossing Injuries and NSW CTP Claims
If you were hit by a car while crossing a road in Ashfield, you may be eligible for compensation under New South Wales' Compulsory Third Party (CTP) scheme. This article explains what injuries are covered, how claims are assessed, and the practical steps to take after a pedestrian crossing accident.
What Injuries Are Covered Under NSW CTP for Pedestrian Accidents?
The Motor Accident Injuries Act 2017 governs CTP claims in NSW. Under this scheme, injuries sustained by pedestrians at marked crossings are eligible for compensation if they meet the 'threshold injury' criteria. Threshold injuries include soft tissue injuries (such as whiplash or bruising), fractures, and certain neurological conditions. For example, a pedestrian who sustains a broken leg or concussion from being hit at a crossing may qualify for benefits.
SIRA (State Insurance Regulatory Authority) assesses claims based on medical evidence. If your injury meets the threshold, you may receive weekly income payments, treatment and care benefits, or both. However, injuries that do not meet the threshold, such as minor bumps or scratches, are not covered.
How SIRA Assesses Claims for Pedestrian Injuries
SIRA uses the Motor Accident Guidelines to determine whether an injury qualifies. For instance, a spinal nerve-root injury causing neurological signs (other than radiculopathy) may still fall under the soft-tissue definition. However, radiculopathy requires specific clinical signs to be included in the assessment.
When assessing claims, SIRA considers the nature of the injury, medical records, and evidence of the accident. If your injury is classified as a 'threshold injury, ' you may be eligible for benefits such as weekly payments for 52 weeks. After this period, benefits are generally limited unless the injury results in long-term impairment.
Evidence Needed for a Pedestrian Crossing Claim
To support your claim, you must provide:
- Medical records confirming your injury
- Police or accident reports
- Witness statements or contact details
- Photographs of the accident scene
- Proof of income if you are claiming weekly payments
For example, if you were hit at a crossing and later diagnosed with a broken leg, your doctor’s records would be critical to proving the injury. A police report or CCTV footage could also help establish fault or the circumstances of the accident.
Steps to Take After a Pedestrian Crossing Accident
- Seek immediate medical attention to document your injuries.
- Report the accident to the police and the at-fault driver’s insurance company.
- Collect evidence such as photos, witness statements, and medical records.
- Notify SIRA if you believe your injury meets the threshold criteria.
- Consider legal advice if your claim is disputed or if you need assistance with the process.
Time Limits and Dispute Resolution
CTP claims must be made within a specific timeframe. While there is no strict deadline for reporting the accident, delays may affect your ability to claim benefits. If your claim is rejected, you can request a review through SIRA’s internal process. In some cases, legal assistance may be necessary to challenge a decision.
When to Seek Legal Advice
If your injury is complex, such as a head injury or spinal damage, or if your claim is denied, it may be wise to consult a solicitor. Legal professionals can help you understand your rights, ensure all evidence is properly submitted, and navigate disputes with SIRA.
Final Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.