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 Ashfield, taking the right early steps can protect your claim under NSW's Compulsory Third Party (CTP) scheme. The first priority is seeking medical attention, as injuries from reversing collisions, such as whiplash or soft-tissue damage, may not be immediately visible. Next, document the accident scene, collect witness details, and report the incident to the police and the insurer of the reversing vehicle. Under the Motor Accident Injuries Act 2017, claims for injuries caused by reversing vehicles are handled by SIRA (State Insurance Regulatory Authority), which administers NSW's CTP scheme. This article explains the practical steps to take, the evidence that matters, and how SIRA applies to reversing accidents.
Key CTP Rules for Reversing Accidents
Reversing vehicle accidents fall under the same CTP framework as other motor accidents, provided the vehicle was involved in a collision. SIRA’s CTP scheme covers injuries caused by reversing cars, trucks, or other motor vehicles, regardless of whether the accident occurred on a road, driveway, or car park. However, the legal character of the location and the use of the vehicle may affect eligibility. For example, if the reversing vehicle was on private property, the claim may depend on whether the driver was operating the vehicle in a public road context.
Under the Motor Accident Injuries Act 2017, claims for injuries caused by reversing vehicles are subject to the same time limits and benefit rules as other CTP claims. If your injuries meet the 'threshold injury' definition, such as a soft-tissue injury with neurological signs, you may be eligible for weekly income benefits and treatment and care benefits. However, after 52 weeks, benefits are generally limited unless your injury meets the higher 'whole person impairment' threshold.
Practical Steps and Evidence After a Reversing Accident
After a reversing vehicle accident, take these steps immediately:
- Seek medical attention, Even minor injuries like whiplash or bruising should be documented by a medical practitioner. Delayed treatment may affect your claim.
- Document the scene, Take photos of the vehicle, road conditions, and any visible injuries. Note the time, location, and weather.
- Collect witness statements, If bystanders or other drivers saw the accident, their accounts can support your claim.
- Report the accident, Notify the police and the reversing vehicle’s insurer. SIRA requires a police report for claims involving injuries.
- Keep records of income and expenses, If your injury affects your ability to work, retain payslips, medical notes, and any correspondence with your employer.
Evidence such as medical records, accident reports, and witness statements is critical. For example, a doctor’s note confirming a soft-tissue injury with spinal nerve-root involvement may qualify for benefits under the Motor Accident Guidelines.
Time Limits and Dispute Resolution
You have 52 weeks from the date of the accident to claim weekly income benefits if your injuries are threshold injuries. After this period, benefits are generally limited unless your injury meets the higher impairment threshold. If your claim is denied or disputed, SIRA provides a review process. You may also seek legal advice if there are issues like contributory fault or overlapping workers’ compensation claims.
A hypothetical example: A pedestrian in Ashfield was hit by a reversing car while crossing a car park. They sought medical treatment for neck pain, documented the accident with photos, and reported the incident to the police. SIRA assessed the claim as a threshold injury and approved weekly benefits. After 52 weeks, the benefits were paused, but the claimant’s doctor confirmed a whole person impairment of 10%, leading to a revised assessment.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases, such as those involving multiple parties, contributory fault, or disputes over injury severity, may require legal assistance. A solicitor can help navigate issues like the spinal nerve-root qualification for soft-tissue injuries or the application of the 52-week limit.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.