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).
Motor vehicle accidents at roundabouts in Greater Sydney are common and can result in serious injury. Under the Motor Accident Injuries Act 2017 (MAIA), individuals injured in such collisions may be entitled to compensation through the Compulsory Third Party (CTP) insurance scheme administered by the State Insurance Regulatory Authority (SIRA). This article explains the practical steps and legal considerations for making a CTP claim following a roundabout collision in NSW, with reference to real-world circumstances in the region.
The CTP scheme in NSW operates under the MAIA, which sets out the framework for claims arising from motor vehicle accidents. Unlike older systems, the current scheme does not require proof of fault for access to treatment and care benefits or weekly income payments. However, entitlement to damages, which cover pain and suffering, loss of enjoyment of life, and future care, depends on meeting a threshold for injury. This threshold is defined in the Motor Accident Injuries Regulation 2017 and includes injuries such as whiplash, spinal injuries, or fractures that result in a permanent impairment of at least 10% of the whole person. A claim for damages will not succeed if the only injuries sustained are below this threshold.
In Greater Sydney, roundabouts are frequently used at major intersections such as the intersection of the M4 Motorway and Old Northern Road in North Ryde, or the roundabout at the junction of the Pacific Highway and the M2 Motorway in North Curl Curl. These locations are known for high traffic volumes and complex merging movements, which increase the risk of collisions. For example, a driver turning left from a side road into a roundabout may misjudge the speed of oncoming traffic, resulting in a side-impact collision. In such cases, the injured party may be a driver, passenger, pedestrian, cyclist, or motorcyclist.
To establish a claim, you must provide evidence that the accident occurred and that you sustained injury as a result. Key evidence includes:
- A police report, if one was filed at the scene
- Photographs of the vehicle damage, road markings, and surrounding area
- Medical records from your treating practitioner, including a diagnosis and assessment of impairment
- Witness contact details, if available
- A record of any lost income or out-of-pocket expenses related to the injury
SIRA’s guidelines state that claims for treatment and care benefits, including physiotherapy, medication, and rehabilitation, are generally available regardless of fault. Weekly income payments may also be payable if you are unable to work due to injury. These benefits are not limited to 52 weeks if you have a threshold injury, but they are subject to review and may be reassessed if recovery is not progressing as expected.
A common issue in roundabout collisions is determining who had the right of way. In NSW, the rule is that vehicles already in the roundabout have priority over those entering. If a driver entering a roundabout fails to yield and collides with a vehicle already circulating, the entering driver may be considered at fault. However, under the MAIA, fault does not prevent access to treatment and care benefits or weekly payments. The focus shifts to the nature and severity of the injury when assessing entitlement to damages.
A hypothetical example: A cyclist was struck by a car while crossing a roundabout at the intersection of the Warringah Road and the Pacific Highway in North Curl Curl. The cyclist sustained a spinal fracture and was hospitalised for two weeks. Medical evidence confirmed a whole person impairment of 15%. Because the injury exceeds the 10% threshold, the cyclist may be eligible to claim damages for pain and suffering, future care needs, and loss of income. The claim would be made through the CTP insurer of the at-fault vehicle, which is responsible for managing the claim under SIRA’s oversight.
Time limits apply. You must notify your CTP insurer within 6 months of the accident to claim treatment and care benefits. For damages, the claim must be started within 3 years of the accident date. These deadlines are strict and cannot be extended without a court order. If you are unsure whether you have met a deadline, it is advisable to seek advice promptly.
If your claim is denied or you believe the offer of compensation is inadequate, you may request a review from the insurer or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. Disputes over impairment assessment or the value of damages are common and often require expert medical evidence or an independent assessment.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.