Pedestrian Crossing Injuries and NSW CTP Claims
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).
If you were injured as a pedestrian at a marked crossing in New South Wales, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. This article explains the legal framework, evidence needed, and steps to take after a crossing accident.
What Claims Are Available for Pedestrian Crossing Injuries?
Under the Motor Accident Injuries Act 2017, injured pedestrians can claim for:
- Medical treatment and care (including physiotherapy, scans, and specialist visits)
- Weekly income payments if your injury prevents you from working
- Lump sum compensation for permanent impairments or long-term effects
- Out-of-pocket expenses like transport to appointments or medical equipment
SIRA (State Insurance Regulatory Authority) administers these claims. Note that compensation depends on the injury's severity and whether it meets the 'threshold injury' definition in the Motor Accident Guidelines.
How to Start a CTP Claim After a Crossing Incident
- Seek immediate medical attention - Document all treatment records, as they are critical evidence.
- Report the accident - Contact the police if possible, and obtain a report if there's a collision.
- Notify the at-fault driver's insurer - CTP claims must be made to the insurer of the vehicle involved.
- Complete a claim form - SIRA provides a standard form (available at SIRA claims page).
Evidence Needed for a Crossing Accident Claim
To support your claim, you'll need:
- Medical records showing the injury's cause and treatment
- Accident report (if there was a collision)
- Witness statements from people who saw the incident
- Photographs of the scene, road markings, and any vehicle damage
- Income records if you're claiming weekly payments
- Correspondence with insurers or SIRA
Time Limits and Dispute Resolution
You have 3 years from the date of the accident to start a CTP claim in NSW. If your claim is disputed, SIRA will review it based on medical evidence and the Motor Accident Guidelines. You may also request a review by the NSW Civil and Administrative Tribunal (NCAT) if needed.
Example Scenario
Imagine a pedestrian injured at a marked crossing after being hit by a car. They seek medical treatment, complete a claim form, and submit evidence like a police report and medical records. SIRA assesses the claim based on the injury's severity and the guidelines.
When to Seek Legal Advice
While many claims are handled through SIRA directly, complex cases (e.g., disputes over fault or long-term impairments) may require legal assistance. Always act promptly to meet time limits and preserve evidence.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.