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 Bankstown, preserving evidence is critical to support your NSW Compulsory Third Party (CTP) claim. Reversing accidents often occur in driveways, car parks or private property, and while they are covered under CTP laws, the evidence you collect will determine the strength of your claim. This article explains what records to keep, how SIRA's requirements apply to reversing accidents, and steps to take to protect your rights under NSW law.
NSW CTP Rules for Reversing Accidents
Under the Motor Accident Injuries Act 2017, CTP claims cover injuries caused by motor vehicles, including reversing accidents. However, the legal framework distinguishes between statutory benefits and common law damages. For example, if your injuries meet the 'threshold injury' criteria under the Motor Accident Guidelines, you may be eligible for weekly income payments and treatment benefits. SIRA (State Insurance Regulatory Authority) oversees these claims, and its guidelines specify that evidence of injury, fault and causation must be documented.
Reversing accidents are treated like any other motor vehicle incident, but the location and circumstances may affect the claim. For instance, if the accident occurred on private property, the legal character of the location may influence whether the driver owed a duty of care. Always consult SIRA's resources to understand how your specific situation fits within the CTP scheme.
Practical Steps to Preserve Evidence
To support your claim, collect the following evidence:
- Medical records: Document all injuries, treatments and diagnoses. SIRA requires proof that your injuries resulted from the accident, so keep records of consultations, imaging and specialist reports.
- Accident details: Note the time, location, vehicle involved and any witnesses. If the accident occurred in a car park or driveway, include details about the environment (e.g., lighting, signage) that may affect fault.
- Photographs and videos: Capture the scene, vehicle damage and any visible injuries. Avoid altering or editing images, as they may be used as evidence.
- Witness statements: Obtain contact details for witnesses who saw the accident. Their accounts can help establish fault and the sequence of events.
- Insurance correspondence: Save all communications with the at-fault driver's insurer, including claims forms and responses. Delays in reporting may affect your entitlement to benefits.
Time Limits and Dispute Resolution
CTP claims in NSW have strict time limits. You must notify SIRA of your claim within 12 months of the accident, and certain benefits (like weekly payments) may only be available for 52 weeks if your injuries are classified as 'threshold injuries'. If your injuries exceed the threshold, you may be eligible for long-term compensation, but this depends on medical evidence.
Disputes over fault or injury severity are common. If your claim is rejected, you may need to appeal through SIRA's review process or seek legal advice. Always act promptly, as delays can reduce your chances of securing benefits.
When to Seek Legal Advice
While SIRA provides resources to help injured parties, complex cases may require legal assistance. A solicitor can help you navigate disputes, ensure all evidence is properly submitted, and challenge decisions that appear unfair. For example, if your injuries involve spinal nerve-root damage or require a whole person impairment assessment, a lawyer can help you understand your options under the Motor Accident Injuries Act 2017.
Example Scenario
Consider a case where a driver backing out of a driveway in Bankstown hits a pedestrian. The pedestrian sustains soft-tissue injuries, including a spinal nerve-root injury with neurological signs. Under SIRA's guidelines, this may qualify as a threshold injury, entitling the injured person to weekly payments and treatment benefits. However, if the injuries are later found to be non-threshold, the benefits may be adjusted. This highlights the importance of accurate medical documentation.
Next Steps
CTP claims depend on the specific facts of your case, including the date of the accident, injury severity and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.