Documenting Injuries in Reversing Vehicle Accidents
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 injured in a reversing vehicle accident in New South Wales, understanding what evidence to collect is critical for a successful CTP claim. Reversing accidents in driveways, car parks or private property are governed by the Motor Accident Injuries Act 2017 (MAIA), which requires specific documentation to establish injury and entitlement to benefits.
Key Evidence for Reversing Accidents
Under NSW CTP rules, you must prove the injury occurred as a result of the accident and that it meets the scheme's criteria. Essential documentation includes:
- Medical records showing diagnosis, treatment and how the injury relates to the accident
- Accident report from the driver or witness detailing the incident
- Photographs of the damage, vehicle position and injury site
- Witness statements confirming the accident and injury
- Medical opinion linking the injury to the reversing incident
SIRA guidelines stress that injuries must be 'reasonably foreseeable' from the accident. For example, a pedestrian struck by a reversing car may need to show the injury was caused by the vehicle's movement, not a pre-existing condition.
Differences from Other Claims
Reversing accidents differ from other motor vehicle claims in two key ways:
- Location-specific risks - Accidents in driveways or car parks may involve unique factors like limited visibility or pedestrian pathways
- Evidence of reversing - You must prove the vehicle was moving backward at the time, which may require witness accounts or vehicle data
Unlike some claims, reversing accidents often require demonstrating the vehicle's movement direction, as this affects whether the injury meets the 'threshold injury' definition under MAIA s 3.11.
Time Limits and Next Steps
You have 52 weeks from the accident date to claim benefits for threshold injuries. For more serious injuries, you must notify SIRA within 52 weeks to preserve your right to claim. If you're unsure whether your injury qualifies, seek advice before the deadline.
When to Seek Legal Help
A solicitor can help if:
- Your injury requires a medical expert's opinion
- You need to challenge an insurer's refusal
- You're dealing with a complex case involving multiple parties
Legal advice is also essential if you're facing a dispute over the extent of your injuries or the link to the accident.
Final Checklist
Before submitting your claim, ensure you have:
- Proof of the accident (witnesses, camera footage)
- Medical evidence connecting the injury to the reversing incident
- A clear timeline of events
- Any relevant vehicle registration or insurance details
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.