Understanding Reversing Vehicle Accidents Under NSW CTP Law
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).
A reversing vehicle accident occurs when a motor vehicle is moving in reverse and causes injury to a person. This includes incidents in car parks, driveways, private property, and public roads across Greater Sydney. Under the Motor Accident Injuries Act 2017 (MAIA), such accidents are treated as motor accidents if they involve a motor vehicle and result in injury to a person. SIRA (State Insurance Regulatory Authority) applies the same legal framework across NSW, including Greater Sydney, regardless of the location of the incident.
The key point is that the nature of the accident, whether reversing or not, does not change the legal test for a compensable claim. What matters is whether the injury occurred as a result of a motor vehicle accident, as defined under MAIA. This includes situations where a driver reversing from a driveway into a car park, or a vehicle reversing out of a private property and striking a pedestrian or cyclist.
What Claims Are Available After a Reversing Accident?
If a person is injured in a reversing vehicle accident in NSW, they may be entitled to claim under the Compulsory Third Party (CTP) insurance scheme. The available benefits depend on the nature and severity of the injury, and whether the injury meets the threshold for damages.
The primary benefits available include:
- Treatment and care benefits: to cover reasonable and necessary medical, allied health, and rehabilitation expenses.
- Weekly income payments: if the injury prevents the person from working, they may receive payments to replace lost income.
- Damages: if the injury is a threshold injury, the person may be eligible to claim damages for pain and suffering, loss of enjoyment of life, and future care needs. This requires a medical assessment confirming a whole person impairment (WPI) of at least 10%.
SIRA’s guidelines confirm that the CTP scheme is not fault-based. This means that a person injured in a reversing accident may still be entitled to benefits even if they were not at fault, or if the driver was not negligent. The scheme is designed to provide prompt access to treatment and financial support, regardless of who caused the accident.
Practical Steps and Evidence to Support a Claim
To pursue a claim after a reversing vehicle accident, the injured person should take the following steps as soon as possible:
- Seek medical attention immediately and keep all records, including diagnosis, treatment plans, and progress notes.
- Report the accident to the police if it occurred on a public road, or to the property owner or manager if it happened in a car park or private driveway.
- Collect and preserve evidence such as photographs of the scene, vehicle damage, and any visible injuries.
- Obtain contact details from any witnesses.
- Notify the CTP insurer of the claim within the required timeframes.
SIRA notes that claims must be made within two years of the accident date. However, this time limit may be extended in limited circumstances, such as if the injury was not immediately apparent. It is critical to act promptly to preserve rights under the scheme.
Time Limits, Disputes and When to Seek Advice
A claim for a reversing vehicle accident must be made within two years of the accident date. This is a strict time limit under the Motor Accident Injuries Act 2017. The two-year period starts from the date the accident occurred, not from when symptoms first appeared.
If a claim is disputed, for example, if the insurer denies liability or challenges the extent of the injury, the injured person may apply to SIRA for a determination. Disputes can arise over whether the injury was caused by the accident, the level of impairment, or the need for ongoing treatment.
SIRA provides a formal process for resolving disputes, including mediation and review. In some cases, a person may choose to apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision on the claim.
A realistic example: A pedestrian was struck by a vehicle reversing out of a driveway in a residential area of Sydney’s Inner West. The driver did not see the pedestrian, who sustained a back injury. The pedestrian sought medical treatment within 48 hours and reported the incident to the local police. After a medical assessment confirmed a WPI of 12%, the person made a claim for damages under the CTP scheme. The insurer initially disputed the claim, but SIRA’s review supported the injury’s link to the accident.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.