How SIRA interprets reversing vehicle accidents in NSW CTP claims
Reversing vehicle accidents are treated under the same NSW Compulsory Third Party (CTP) rules as other motor vehicle collisions, but SIRA provides specific guidance on how these incidents are assessed. SIRA defines a reversing accident as one where the vehicle was moving backward at the time of impact, regardless of location. Key factors include whether the driver had a clear view of the area, the vehicle's movement, and the claimant's position. SIRA emphasizes that reversing accidents are evaluated based on the same principles as forward collisions, focusing on fault, injury severity, and compliance with the Motor Accident Injuries Act 2017.
Practical steps and evidence for reversing accidents
To support a claim after a reversing vehicle accident, gather evidence such as:
- Police reports detailing the incident
- Witness statements confirming the vehicle was reversing
- Medical records showing injuries consistent with a reversing collision
- Photographs of the accident scene and vehicle position
- Video footage from nearby cameras or dashcams
SIRA advises claimants to document the vehicle's movement and the driver's visibility. For example, if a driver failed to check behind before reversing and hit a pedestrian, the accident's character as a reversing incident may influence the assessment of fault and injury causation.
Time limits, disputes and when to seek advice
CTP claims in NSW must be submitted within 52 weeks of the accident for injuries meeting the 'threshold injury' definition under SIRA guidelines. If injuries are more severe, claims can proceed beyond 52 weeks. However, delays may affect eligibility for statutory benefits like weekly payments or treatment costs.
Disputes over reversing accidents often arise from disagreements about fault or injury causation. SIRA recommends seeking independent medical assessment if there is uncertainty about the injury's link to the accident. Claimants should also review their claim with a solicitor before the 52-week deadline, as some benefits expire after this period.
Example of a reversing accident claim
Consider a scenario where a driver reverses out of a driveway without checking for pedestrians, striking a child. SIRA would assess whether the driver's failure to look behind constituted 'fault' under the Motor Accident Injuries Act 2017. If the child's injuries meet the threshold injury criteria (e.g., soft tissue damage requiring medical treatment), they may qualify for statutory benefits. However, if the injuries are minor and the claimant exceeds the 52-week limit, benefits may be reduced or denied.
Next steps for claimants
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.