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 on the Illawarra or South Coast, taking the right steps immediately can protect your claim under NSW's Compulsory Third Party (CTP) scheme. The first priority is seeking medical attention, as injuries from reversing accidents, such as whiplash or soft-tissue damage, can worsen without prompt treatment. Next, report the accident to the registered keeper of the vehicle and notify your insurer. Collect evidence like photos of the scene, witness details, and medical records, as these are critical for SIRA to assess your claim.
Under the Motor Accident Injuries Act 2017, claims for injuries caused by reversing vehicles follow the same rules as other motor accidents. SIRA handles claims for injuries like whiplash, fractures, or nerve damage, regardless of whether the accident occurred in a driveway, car park, or on a road. However, reversing accidents may involve unique factors, such as the vehicle's location or the driver's awareness of the hazard. For example, if a car reverses into a pedestrian in a car park, the claimant must prove the accident was caused by the vehicle's movement, not a failure to look.
Regional considerations in the Illawarra and South Coast include differences in local traffic patterns and SIRA office locations. While SIRA's national guidelines apply, claims in these areas may require additional evidence to establish fault, especially if the accident occurred on private property. For instance, a reversing vehicle hitting a cyclist on a shared path may need a traffic camera report or witness statement to confirm the incident.
Time limits are strict. Under the Motor Accident Injuries Act 2017, you must notify SIRA of your injury within 52 weeks of the accident. If your claim involves a threshold injury (such as a soft-tissue injury meeting the Motor Accident Guidelines), weekly benefits and treatment payments typically stop after 52 weeks unless you have a whole-person impairment rating of 10% or more. This distinction is crucial: threshold injuries are treated as short-term, while more severe injuries qualify for long-term support.
Disputes over claims are resolved by SIRA's dispute resolution process, which includes mediation and formal reviews. If your claim is denied, you can request a review within 28 days. However, the process can be complex, especially for reversing accidents where fault is disputed. For example, if a reversing vehicle's driver claims they were unaware of your presence, SIRA may require additional evidence like dashcam footage or a traffic report.
A hypothetical example illustrates this: Maria was injured when a reversing car hit her on a residential driveway in Batemans Bay. She sought medical treatment for neck pain, documented the accident with photos, and contacted the driver's insurer. SIRA later determined her injury met the threshold injury criteria, but her weekly benefits stopped after 52 weeks. Maria then pursued a claim for long-term impairment, which required a specialist report confirming her condition.
To ensure your claim is processed correctly, consider seeking legal advice early. While SIRA provides free information, claims involving reversing accidents may require expert assistance to navigate fault, evidence collection, and time limits. The Illawarra and South Coast have specific SIRA offices, but claims are handled nationally, so regional nuances must be addressed carefully.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.