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've been involved in a rear-end collision in Illawarra or South Coast NSW, retaining the right evidence is crucial for a successful Compulsory Third Party (CTP) claim. This article explains what records to keep, how to manage them, and the legal requirements under NSW law.
NSW CTP Rules Behind Rear-End Collision Claims
Under the Motor Accident Injuries Act 2017, CTP claims cover injuries caused by motor vehicle accidents, including rear-end collisions. The claimant must prove the accident occurred, the injury was caused by the collision, and the injury meets the threshold for compensation. SIRA (State Insurance Regulatory Authority) oversees claims and provides guidelines on what evidence is acceptable.
Evidence to Retain After a Rear-End Collision
- Medical Records: Document all injuries, treatments, and diagnoses. This includes GP notes, specialist reports, and imaging results. For example, a passenger with whiplash may need MRI scans to prove a soft-tissue injury.
- Accident Report: Obtain a police report if available. It confirms the collision occurred and details the circumstances, such as speed or traffic conditions.
- Witness Statements: Collect statements from witnesses, including other drivers, pedestrians, or cyclists. A cyclist hit from behind may rely on a bystander’s account to establish fault.
- Photographs and Videos: Capture the scene, vehicle damage, and any visible injuries. A pedestrian with a bruised knee should photograph the injury and the vehicle’s rear-end damage.
- Insurance Documents: Keep copies of the at-fault driver’s insurance details and any correspondence with their insurer. This helps establish liability.
Managing Evidence for a CTP Claim
Organise evidence chronologically, starting from the accident date. Label documents clearly and store them securely. If you’re unsure about what to keep, contact SIRA directly for guidance. For instance, a driver with a fractured neck may need to submit a specialist’s opinion on how the injury relates to the collision.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury' (e.g., soft-tissue damage). After 52 weeks, benefits may stop unless the injury meets higher impairment criteria. If your claim is disputed, you may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a review. Always seek legal advice if the at-fault driver’s insurer refuses to settle.
When to Seek Advice
If you’re unsure whether your evidence meets CTP requirements, consult a solicitor. For example, a child injured in a rear-end collision may need a specialist to assess long-term effects. Time limits and legal nuances can affect your ability to claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.