How NSW CTP Insurers Assess Liability in Reversing Accidents
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were injured in a reversing vehicle accident in Bankstown, NSW insurers assess liability based on the Motor Accident Injuries Act 2017 and SIRA guidelines. This article explains the factors insurers consider, how claims are handled for uninsured drivers, and evidence needed to support your case.
Key Factors in Liability Assessment
NSW CTP insurers evaluate liability by determining who was at fault and whether the accident met the legal definition of a motor accident. For reversing accidents, they consider:
- Driver responsibility: Whether the reversing driver failed to check for pedestrians, cyclists, or vehicles in the driveway or car park. SIRA guidelines state that drivers must ensure it is safe to reverse before proceeding.
- Vehicle movement: Whether the reversing vehicle caused the accident, such as by opening a car door or failing to yield. The location (e.g., a driveway or car park) is assessed for its legal character under NSW road rules.
- Uninsured drivers: If the at-fault driver lacks CTP insurance, claims may be processed through the Nominal Defendant scheme under the Motor Accident Injuries Act 2017. This applies even if the driver is not registered to drive.
Evidence to Support Your Claim
To establish liability and claim compensation, you must provide:
- Accident details: Police reports, witness statements, and CCTV footage (if available) to show the reversing vehicle’s actions.
- Medical records: Proof of injuries, including treatment dates and medical opinions linking the accident to your injuries. SIRA emphasizes that injuries must meet the threshold injury definition under the Motor Accident Guidelines.
- Location specifics: Documentation of the accident site (e.g., a driveway or car park) to confirm it falls under NSW CTP rules. Bankstown’s local road rules may influence the assessment.
Time Limits and Dispute Options
Claims must be made within 52 weeks of the accident if they involve only threshold injuries (e.g., soft tissue injuries). For more severe injuries, benefits may continue beyond 52 weeks. If insurers dispute liability, you can request a review under the Motor Accident Injuries Act 2017 or seek independent legal advice.
When to Seek Advice
NSW CTP claims can be complex, especially when reversing accidents involve uninsured drivers or disputed liability. A legal professional can help you understand your options, including whether to pursue a claim through the Nominal Defendant scheme or seek compensation for long-term injuries.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. General information cannot determine whether a claim is available in an individual case.