Time limits for claims after a reversing vehicle accident in NSW
If you were injured in a motor accident involving a reversing vehicle in New South Wales, you must generally begin your claim within three years of the accident date. This three-year time limit applies to all motor accident claims under the Motor Accident Injuries Act 2017 (MAIA), including those that occur in driveways, car parks, private property or public roads. The time limit is strict and applies regardless of whether the accident was your fault, another driver’s fault, or occurred in a private area such as a residential driveway.
The three-year period starts on the date of the accident. It is not extended by delays in receiving medical treatment, discovering an injury, or the insurer’s failure to respond. If you do not start a claim within this timeframe, you may lose your right to seek compensation for injuries, lost income, or treatment and care expenses under the NSW Compulsory Third Party (CTP) scheme.
What claims are covered under the CTP scheme for reversing vehicle accidents
The CTP scheme in NSW covers injuries sustained by drivers, passengers, pedestrians, cyclists, and motorcyclists involved in a motor accident, including those involving reversing vehicles. This includes accidents that occur in private driveways, shopping centre car parks, or on public roads. The scheme provides statutory benefits such as treatment and care, weekly income payments, and, in some cases, damages for permanent impairment.
To be eligible for benefits, the injury must be caused by the motor accident and not due to a pre-existing condition. The CTP insurer must be notified as soon as possible after the accident. While the insurer may not need to be notified within a specific timeframe to maintain eligibility for benefits, delaying notification may affect the insurer’s ability to investigate the claim and could impact the outcome.
Practical steps and evidence that matter
To support a claim after a reversing vehicle accident, you should gather and preserve the following evidence:
- Medical records from the time of the accident, including diagnosis, treatment, and any ongoing care
- A written statement from the driver of the reversing vehicle, if available
- Photographs or videos of the accident scene, vehicle positions, and visible damage
- Witness contact details and statements, if any
- A police report, if one was filed
- Records of lost income, including payslips and employer letters
- Correspondence with the CTP insurer, including claim forms and responses
These records are critical to proving the accident occurred, the nature and extent of your injuries, and the impact on your daily life and income. The absence of timely evidence may weaken your claim, particularly if the insurer disputes the injury’s connection to the accident.
When time limits apply and when they may be extended
The three-year time limit for starting a claim is not absolute. In limited circumstances, a court may allow a claim to proceed after the three-year period has passed. This typically occurs when the claimant was unable to act due to a mental incapacity, a serious injury, or because the insurer concealed material facts.
However, these exceptions are rare and require legal evidence. The courts have consistently held that the three-year limit is a substantive bar to claims, not a mere procedural formality. Therefore, even if you believe you have a valid claim, failing to act within three years may prevent you from recovering compensation.
Common issues and how to avoid them
One common mistake is assuming that a reversing vehicle accident in a private driveway is not covered by CTP insurance. This is incorrect. The CTP scheme covers all motor accidents involving a motor vehicle, regardless of location, as long as the vehicle was being used in a way that constitutes a motor accident under the MAIA.
Another mistake is waiting to see if symptoms resolve before seeking medical treatment. Delaying treatment may make it harder to prove that the injury was caused by the accident. The law requires that injuries be linked to the accident through medical evidence, not just a timeline.
A third issue is not notifying the CTP insurer promptly. While the insurer may still accept a claim after a delay, failure to notify may result in the insurer refusing to pay for treatment or income loss, particularly if the delay prevented a proper investigation.
Hypothetical example: A reversing vehicle accident in a car park
A pedestrian was struck by a reversing car in a shopping centre car park in Sydney on 15 March 2024. The person sustained a back injury and required physiotherapy and time off work. The injury was not immediately apparent, and medical treatment was sought on 20 April 2024. The claim was not started until 10 April 2027, which is beyond the three-year limit.
In this example, the claim would likely be barred because the three-year time limit has passed. Even though the injury was not immediately obvious and treatment was delayed, the law does not allow for extensions based on delayed discovery alone. The claimant would need to seek a court order to proceed, which would require strong evidence of a legal exception.
When to seek advice
If you were injured in a reversing vehicle accident and are unsure whether you can still make a claim, you should seek legal advice as soon as possible. The law around time limits, eligibility for benefits, and the distinction between statutory benefits and damages claims is complex and fact-specific.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.