Roundabout collisions in NSW have seen significant changes to CTP claims since the 2017 reforms, impacting how injuries are assessed and compensation is calculated. The reforms shifted from a fault-based system to a no-fault model, prioritizing injured parties regardless of who caused the accident. This guide explains how these changes affect claims for roundabout collisions in the Illawarra and South Coast regions, including updated SIRA requirements and practical steps for claimants.
NSW CTP Rules for Roundabout Collisions
Under the Motor Accident Injuries Act 2017, all drivers, passengers, and pedestrians involved in motor vehicle accidents are entitled to claim compensation from the at-fault party’s CTP insurer. Roundabout collisions are treated like other motor accidents, but the 2017 reforms introduced key changes:
- No-fault claims: Injuries are compensated regardless of fault, even if the claimant contributed to the accident.
- Threshold injuries: Soft tissue injuries (e.g., whiplash) must meet specific criteria under the Motor Accident Guidelines, including spinal nerve-root injuries with neurological signs. Radiculopathy requires clinical evidence of radicular pain and neurological deficits.
- SIRA involvement: Claims must be submitted to the State Insurance Regulatory Authority (SIRA) for assessment, with strict deadlines to avoid losing benefits.
Evidence and Practical Steps for Roundabout Claims
To support a CTP claim after a roundabout collision, gather:
- Medical records confirming injuries (e.g., imaging, specialist reports)
- Police reports or accident statements from the scene
- Witness statements or contact details
- Photos of the collision site and vehicle damage
- Income records to claim weekly payments for lost earnings
SIRA requires claims to be submitted within 52 weeks of the accident for treatment and care benefits. If injuries are limited to threshold injuries, weekly payments typically stop after 52 weeks, as per s 4.4 of the Motor Accident Injuries Act 2017.
Time Limits and Dispute Resolution
Claims must be submitted to SIRA within 52 weeks of the accident to access statutory benefits. If a claimant disputes a SIRA decision, they can:
- Request a review from SIRA’s internal review body
- Apply to the NSW Civil and Administrative Tribunal (NCAT) for a review
- Seek legal advice if the claimant believes the decision is unfair
Disputes often arise over whether injuries meet threshold criteria or if the claimant’s actions contributed to the accident. SIRA’s guidelines emphasize objective medical evidence, not subjective claims.
When to Seek Legal Advice
While SIRA handles most claims, legal advice is recommended if:
- The claimant has a whole person impairment rating (WPI) of 10% or more
- The injury involves long-term care needs or chronic pain
- The claimant is unsure if their injuries qualify for compensation
- The accident occurred on private property or a car park (as these may involve complex liability issues)
Legal professionals can help navigate SIRA’s assessment process and challenge decisions where evidence is unclear.
Example Scenario
A pedestrian injured at a roundabout in the Illawarra region after a car failed to stop at a stop sign would claim compensation from the driver’s CTP insurer. SIRA would assess whether the injury meets threshold criteria (e.g., spinal nerve-root damage with neurological signs). If the claimant’s injuries exceed threshold limits, they may qualify for ongoing weekly payments and treatment benefits.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. Time limits and procedural rules can affect entitlements. To request contact about your circumstances, complete the quick, no obligation enquiry form.