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).
If you've been injured in a reversing vehicle accident in Newcastle or Hunter, documenting your injuries properly is critical to securing compensation under NSW's Compulsory Third Party (CTP) scheme. This guide explains the key evidence required, how to organize your records, and the legal rules that apply specifically to reversing accidents in regional NSW.
What Evidence Matters for Reversing Accidents?
Under the Motor Accident Injuries Act 2017, claims for injuries caused by reversing vehicles must include medical and accident-related evidence. Essential documents include:
- Medical records showing injury details (e.g., imaging, specialist reports, therapy notes)
- Accident reports from police or witnesses, including vehicle details and location
- Photographs of the accident scene, vehicle damage, and your injuries
- Witness statements from people who saw the incident
- Income records to support claims for lost wages or care costs
- Correspondence with insurers or SIRA about your claim
SIRA guidelines emphasize that injuries must be 'threshold injuries' (soft tissue or spinal nerve-root damage) to qualify for benefits. For example, a pedestrian hit by a reversing car while crossing a driveway may need medical evidence of whiplash or bruising to meet this threshold.
How to Organize Your Documentation
Create a clear timeline of events and injuries. For instance, if you were injured in a reversing car park accident on 15 July 2025, document:
- Immediate medical attention (e.g., GP visit on the same day)
- Police report filed on 16 July 2025
- Specialist referral for MRI on 20 July 2025
- Income loss from 15 July 2025 to 30 September 2025
SIRA's Motor Accident Guidelines clarify that injuries must be 'caused by the accident' and 'not pre-existing.' This means your medical records must directly link your injuries to the reversing incident.
Time Limits and Dispute Options
Claims must be made within 5 years of the accident under the Motor Accident Injuries Act 2017. If your claim is denied, you can request a review through SIRA's internal process. For example, if your injury is classified as a 'threshold injury' but benefits are cut off after 52 weeks, you may need to dispute the assessment of your injury's permanence.
When to Seek Legal Advice
If your injury involves complex issues like spinal nerve-root damage or disputes over fault, consult a solicitor. For instance, a cyclist injured in a reversing car park accident may need legal help to challenge an insurer's refusal to cover long-term therapy.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.