Pillion passengers injured in motorcycle accidents in NSW may claim compensation for injuries affecting their ability to perform daily activities under the Compulsory Third Party (CTP) scheme. This article explains how to claim support for rehabilitation needs, including medical evidence requirements and insurer assessments of activity limitations. The NSW CTP scheme covers injuries to passengers, but claims depend on the nature of the injury, medical documentation, and whether the injury meets the threshold for benefits.
CTP Claims for Pillion Passengers
Under the Motor Accident Injuries Act 2017, pillion passengers can claim treatment and care benefits, weekly income payments, and lump sum compensation if their injuries meet specific criteria. The key distinction is between 'threshold injuries', which include soft tissue injuries like whiplash, and more severe injuries requiring long-term rehabilitation. For example, a passenger with a fractured wrist requiring surgery would likely qualify for benefits beyond the 52-week statutory period, while a minor sprain might only entitle them to short-term support.
Evidence for Daily Activity Claims
Insurers assess a passenger's ability to return to daily activities by reviewing medical records, rehabilitation reports, and evidence of functional limitations. A doctor's report detailing how the injury affects tasks like cooking, shopping, or personal hygiene is critical. For instance, if a passenger cannot lift groceries due to a shoulder injury, this must be documented in medical records to support a claim for ongoing treatment or income support.
Rehabilitation Timelines and Long-Term Limitations
The CTP scheme covers treatment and care benefits for 52 weeks if the injury is a 'threshold injury.' However, passengers with permanent activity limitations, such as chronic pain preventing work or household tasks, may qualify for lump sum compensation. SIRA guidelines emphasize that insurers must consider the long-term impact of injuries, including psychological effects like anxiety that hinder daily routines. A passenger with a spinal injury requiring ongoing physiotherapy would need a specialist report outlining their rehabilitation needs and how the injury affects their quality of life.
When to Seek Legal Advice
Time limits apply to CTP claims. Passengers must notify their insurer within 52 weeks of the accident, though extensions may be granted for valid reasons. If an insurer disputes the injury's severity or refuses to cover long-term care, legal advice is essential. A solicitor can help challenge decisions based on medical evidence or argue for a higher compensation amount if the injury results in permanent daily activity limitations.
Practical Steps for Pillion Passengers
- Seek immediate medical attention to document the injury.
- Keep records of how the injury affects daily tasks, such as difficulty walking or managing household chores.
- Obtain a rehabilitation plan from a physiotherapist or occupational therapist.
- Contact the at-fault driver's insurer through SIRA's claims portal.
- Request a review if the insurer denies a claim or limits benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.