Understanding Fault in Red Light Runner Accidents
In a red light runner accident in NSW, fault is typically determined by the driver who ran the red signal. Under the Motor Accident Injuries Act 2017 (MAIA), the driver who breaches a traffic control device, such as a red light, is generally considered at fault. This determination is made by the insurer of the at-fault vehicle, not by the injured person. SIRA, the State Insurance Regulatory Authority, oversees the CTP scheme and confirms that a driver who runs a red light is legally responsible for any resulting injuries, regardless of whether the other driver was distracted, speeding, or not paying attention.
The presence of a red light violation is a strong indicator of fault, but it does not automatically prevent a claim. The injured person may still be entitled to benefits under the CTP scheme, even if the at-fault driver was not at fault for the initial collision. For example, if a driver runs a red light and collides with a vehicle that was already stopped, the injured party may still be eligible for treatment and care benefits, weekly payments, and damages if they meet the threshold for injury.
What Claims Are Available After a Red Light Runner Accident
After a red light runner accident, the injured person may be entitled to several types of benefits under the NSW CTP scheme. These include:
- Treatment and care benefits: to cover medical treatment, rehabilitation, and allied health services.
- Weekly income payments: if the injury prevents the person from working, they may receive payments to replace lost income.
- Damages: if the injury meets the threshold for a permanent impairment, the injured person may claim damages for pain and suffering, loss of enjoyment of life, and future care needs.
SIRA confirms that the CTP scheme provides automatic access to treatment and care benefits and weekly income payments, regardless of fault. However, to claim damages, the injured person must meet the threshold for a permanent impairment under the Motor Accident Injuries Regulation 2017. This means the injury must be permanent and significantly impact the person’s ability to carry out daily activities.
Time Limits for Making a Claim
A claim for motor accident injuries in NSW must generally be made within two years of the accident date. This time limit applies to all claims, including those involving red light runner accidents. The two-year period begins on the date of the accident, not the date of injury or diagnosis.
If the injury is not immediately apparent, such as in cases of whiplash or internal injury, the time limit starts from the date the injury was first diagnosed or when the person first became aware of the injury. This is known as the date of knowledge. The two-year limit is strict, and SIRA warns that claims made after this period may not be accepted unless there are exceptional circumstances.
Evidence That Matters in a Red Light Runner Claim
To support a claim after a red light runner accident, the injured person should gather and preserve the following evidence:
- Medical records: including initial treatment notes, diagnostic imaging, and follow-up assessments.
- Accident report: a police report or traffic incident report, if one was filed.
- Photographs: of the vehicle damage, road conditions, traffic signals, and any visible injuries.
- Witness statements: from people who saw the accident or can confirm the red light violation.
- Driver contact details: including the at-fault driver’s name, contact information, and CTP insurer details.
- Income records: if claiming weekly payments, pay slips or tax returns may be required.
SIRA advises that preserving evidence early is critical. Delayed reporting or loss of documentation may affect the insurer’s ability to assess the claim. The injured person should notify their CTP insurer as soon as possible after the accident.
When to Seek Advice
A red light runner accident may involve complex issues, such as whether the injured person contributed to the accident, whether the at-fault driver was under the influence, or whether the injury meets the threshold for damages. These issues may require independent legal advice.
SIRA notes that the CTP insurer may not always accept a claim, particularly if the injured person failed to take reasonable steps to avoid the accident. In such cases, a dispute may arise over fault, the extent of injury, or the amount of benefits. Disputes can be resolved through the SIRA dispute resolution process or, if necessary, through the NSW Civil and Administrative Tribunal (NCAT).
A hypothetical example: A pedestrian was struck by a vehicle that ran a red light at a busy intersection in Sydney. The driver was found to have been using a mobile phone at the time. The pedestrian sustained a fractured leg and required surgery. The CTP insurer accepted liability and provided treatment and care benefits. The pedestrian later met the threshold for a permanent impairment and claimed damages for pain and suffering. The claim was successful because the injury was permanent and significantly affected mobility.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.