Reversing Vehicle Accidents, What Changed After the 2017 Reforms in Greater Sydney
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 in a reversing vehicle accident in New South Wales, you may be wondering what changed after the 2017 reforms to the Compulsory Third Party (CTP) scheme. The reforms introduced significant changes to how claims are assessed, particularly for injuries caused by reversing vehicles. This article explains the key legal changes, how they affect your claim, and what you need to know to navigate the process.
The NSW CTP Rules Behind Reversing Vehicle Accidents
The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those involving reversing vehicle accidents. One of the most significant changes after 2017 was the introduction of the 'threshold injury' concept. Under the new rules, injuries must meet specific clinical criteria to qualify for benefits or damages. This means that not all injuries caused by reversing vehicles will automatically qualify for compensation.
The reforms also introduced a distinction between 'threshold injuries' and 'whole person impairment' (WPI) claims. Threshold injuries are defined as injuries that result in a measurable loss of function, such as a sprained wrist or a minor head injury. These injuries are typically limited to 52 weeks of benefits under the CTP scheme. In contrast, WPI claims involve more serious injuries that affect a person’s overall quality of life and may result in long-term or permanent impairment.
Practical Steps and Evidence That Usually Matter
If you were injured in a reversing vehicle accident, it is important to gather and preserve evidence that supports your claim. This includes:
- Medical records showing the nature and extent of your injuries
- A detailed account of the accident, including the vehicle’s movement and any witnesses
- Photographs of the scene, the vehicle, and any visible damage
- Income records to support claims for lost wages or reduced earning capacity
- Correspondence with your insurer or the at-fault driver’s insurance company
You should also seek medical attention as soon as possible to ensure that your injuries are properly documented. This is especially important if your injuries are not immediately apparent or if they worsen over time.
Time Limits, Disputes and When to Seek Advice
CTP claims in NSW are subject to strict time limits. Generally, you must notify your insurer of your injury within 52 weeks of the accident. If you fail to do so, you may lose your right to claim benefits or damages under the CTP scheme. This time limit applies to all claims, including those involving reversing vehicle accidents.
If your claim is disputed or rejected, you may need to seek independent legal advice. SIRA (State Insurance Regulatory Authority) provides guidance on how to challenge a decision or request a review.
A Realistic Example of a Reversing Vehicle Accident Claim
Consider the case of a pedestrian who was struck by a reversing car in a car park. The pedestrian suffered a minor head injury and was treated at a local clinic. Under the new CTP rules, the injury would be classified as a threshold injury, meaning that the pedestrian would be eligible for 52 weeks of weekly benefits. However, if the injury had resulted in a significant loss of function or a long-term impairment, the claim would fall under the whole person impairment category and could result in a longer period of benefits.
When to Seek Legal Advice
If you are unsure whether your injury qualifies for benefits under the new CTP rules, or if your claim has been rejected, it is important to seek legal advice. A qualified solicitor can help you understand your options, assess the strength of your claim, and guide you through the claims process.
Next Steps
CTP claims for reversing vehicle accidents in NSW have changed significantly since the 2017 reforms. Understanding these changes is essential to ensuring that you receive the compensation you are entitled to. If you have been injured in a reversing vehicle accident, it is important to act quickly and seek legal advice if needed.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.