Reversing vehicle accidents in NSW can lead to injuries in driveways, car parks or private property. Under the NSW Compulsory Third Party (CTP) scheme, claims depend on the nature of the injury, the accident circumstances and the applicable rules. This article explains how SIRA assesses claims for reversing accidents, using Bathurst as a practical example.
How SIRA Evaluates Reversing Accident Claims
SIRA applies the Motor Accident Injuries Act 2017 to all claims, regardless of where the accident occurs. For reversing accidents, the key factors are:
- Injury type: SIRA distinguishes between 'threshold injuries' (soft tissue injuries meeting specific clinical criteria) and more severe injuries. Threshold injuries may limit benefits after 52 weeks.
- Fault and liability: CTP claims are based on the at-fault driver's insurance, not the claimant's own conduct. However, contributory fault may reduce compensation if the injured person contributed to the accident.
- Evidence requirements: SIRA requires medical records confirming the injury, accident reports, and witness statements. For example, a pedestrian injured in a reversing car park must show the vehicle's movement and their position at the time.
Practical Steps for Reversing Accident Claims in Bathurst
Claimants should:
- Seek immediate medical attention to document injuries, even if they seem minor. A doctor's report is essential for SIRA to assess eligibility.
- Preserve accident details: Take photos of the scene, note vehicle positions, and record any visible damage. In Bathurst, local authorities may have camera footage from nearby roads.
- Notify the insurer: Contact the at-fault driver's CTP insurer within 52 weeks of the accident. Delays may affect benefit eligibility.
- Keep records of income loss: If the injury impacts work, provide payslips or employer statements to support weekly income claims.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident. After this period, SIRA may stop paying weekly benefits for threshold injuries, though treatment and care benefits may continue. If a claim is disputed, claimants can:
- Request a review from SIRA's internal team
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
In Bathurst, some claims involve reversing vehicles on private property, which may complicate liability assessments. SIRA evaluates these cases based on the vehicle's use (e.g., private vs public road) and the driver's responsibility.
Example: Reversing Accident in a Car Park
A hypothetical example illustrates the process: A cyclist in Bathurst is injured when a reversing car hits them in a shopping centre car park. The cyclist's doctor confirms a soft tissue injury meeting the threshold criteria. SIRA would:
- Assess the injury against the Motor Accident Guidelines
- Determine if the cyclist's actions contributed to the accident
- Calculate weekly benefits and treatment costs based on medical records
This example shows how location and injury type influence SIRA's decision.
When to Seek Legal Advice
While SIRA handles most claims, complex cases may require a solicitor. Legal advice is recommended if:
- The injury involves long-term impairment
- There are disputes over fault or liability
- The claimant needs to challenge a benefit decision
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.