Immediate Steps After a Reversing Vehicle Accident in NSW
If you were injured in a reversing vehicle accident in New South Wales, preserving evidence is critical to supporting a claim under the Compulsory Third Party (CTP) insurance scheme. The Motor Accident Injuries Act 2017 (MAIA) is the current law governing CTP claims in NSW. It applies to accidents occurring on or after 1 December 2017, including those in car parks, driveways, and private property. You must act promptly to record details and secure documentation, as delays may affect the insurer’s ability to assess your claim.
Essential Evidence and Records to Preserve
The following records are important to retain after a reversing vehicle accident:
- A written account of the accident, including the date, time, location, weather, and how the vehicle was moving (e.g. reversing slowly, backing out of a driveway).
- Photographs or videos of the scene, showing the vehicle’s position, any damage, and the area where the injury occurred. Include surrounding conditions such as lighting, signage, and obstacles.
- All medical records from the time of the accident, including emergency department notes, diagnostic imaging (X-rays, MRI), and records of follow-up treatment. These must clearly link the injury to the accident.
- A written statement from any witness who saw the incident, including their name, contact details, and a description of what they observed.
- A copy of any police report, even if not filed at the scene. Some reversing accidents result in a report being made later.
- Records of lost income, such as payslips or a letter from your employer confirming time off work.
- All correspondence with the CTP insurer, including emails, letters, and notes from phone calls.
How Evidence Supports Your Claim Under NSW Law
Under the MAIA, you may be entitled to statutory benefits regardless of fault. However, the evidence you collect determines whether you qualify for treatment and care benefits, weekly income payments, or damages. For example, if you were struck while walking behind a reversing vehicle in a car park, the insurer will assess whether the driver had a clear view, whether you were visible, and whether the vehicle was moving at a reasonable speed.
If your injuries are classified as threshold injuries under the Motor Accident Guidelines, you may only be entitled to treatment and care benefits and weekly income payments for up to 52 weeks, unless your injuries are more serious. A threshold injury is defined in the MAIA as a soft tissue injury, including a spinal nerve-root injury that produces neurological signs other than radiculopathy. If your only injuries are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks, as provided under sections 3.11 and 3.28 of the MAIA.
Preserving Evidence and Meeting Procedural Requirements
There is no fixed deadline to notify your CTP insurer, but you should do so as soon as possible after the accident. The insurer may request evidence at any time during the claim process, so keep original documents and digital copies. Failure to preserve records may prevent you from proving injury, liability, or financial loss.
If the insurer denies your claim or disputes the amount of benefits, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for a review. The evidence you have preserved will be essential in this process. For example, if the insurer denies your claim on the grounds that you were not in the path of the vehicle, your photos, witness statement, and medical evidence may be used to challenge that decision.
When to Seek Independent Advice
Every claim depends on its own facts. The type of evidence that matters, the strength of your claim, and the potential for damages will depend on the circumstances of the accident, the nature of your injuries, and the insurer’s response. For example, if you were injured while crossing a car park and the driver claims they did not see you, your evidence about visibility and lighting may be crucial.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.