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).
If you were injured as a pedestrian crossing a road on the Central Coast, understanding how SIRA interprets responsibility and claim eligibility is critical. Under NSW CTP law, drivers and pedestrians have specific duties at crossings, and SIRA's regional guidelines may influence how claims are assessed. This article explains how SIRA defines responsibility, what evidence is needed, and how time limits apply to pedestrian injuries on the Central Coast.
How SIRA Defines Responsibility at Pedestrian Crossings
SIRA outlines that drivers must give way to pedestrians at marked crossings, even if the pedestrian is not on the crossing. For example, if a pedestrian steps into the road to cross, the driver is legally responsible for ensuring they can stop safely. However, pedestrians also have duties: they must not suddenly enter the road and must not walk on the road unless it is a shared path. SIRA's Central Coast guidelines emphasize that drivers must not speed or drive recklessly near crossings, and pedestrians must not walk on the road unless it is a shared path.
Evidence Needed for a Pedestrian Crossing Claim
To prove a claim, you'll need to show the driver failed to give way, the pedestrian followed their duties, and the injury resulted from the accident. Key evidence includes:
- Police reports or accident statements
- Witness statements
- Photographs of the crossing and damage
- Medical records linking the injury to the incident
- SIRA's guidelines on how the accident fits their criteria for claims
SIRA also requires claims to demonstrate that the injury meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017. This means the injury must be more than a minor bruise or scratch and must involve a significant impact or medical treatment.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim benefits for threshold injuries under CTP. If the injury is not a threshold injury, you may still claim for non-economic losses like pain and suffering, but this depends on the facts. If your claim is disputed, SIRA provides a review process, and you may need to seek independent legal advice to challenge a decision.
When to Seek Advice
SIRA's Central Coast guidelines may differ from general advice, especially in cases involving shared paths or complex fault scenarios. For example, if a pedestrian was jaywalking but the driver was speeding, determining responsibility requires a detailed analysis of both parties' duties. If you're unsure whether your claim fits SIRA's criteria, it's important to consult a legal professional before submitting a claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.