How Insurers Assess Fault in Roundabout Collisions
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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).
In New South Wales, insurers assess fault in roundabout collisions by examining traffic laws, evidence, and the specific circumstances of the accident. While the Motor Accident Injuries Act 2017 (MAIA) governs CTP claims, insurers focus on determining who breached road rules. For regional NSW, factors like fewer witnesses, limited traffic cameras, and rural road conditions can influence how fault is evaluated.
Key Factors in Assessing Liability
Insurers consider several elements when determining fault in roundabout collisions:
- Traffic signs and signals: Whether drivers obeyed stop signs, yield signs, or traffic lights.
- Vehicle positioning: Who entered the roundabout first and whether they yielded to vehicles already in the roundabout.
- Witness statements: Accounts from drivers, pedestrians, or cyclists.
- Police reports: Official documentation of the accident scene and driver conduct.
- Vehicle damage: Patterns of damage that may indicate the direction of impact.
In regional areas, insurers may place more weight on police reports and vehicle damage assessments due to fewer witnesses. For example, a driver entering a roundabout without yielding may be deemed at fault even if no other vehicles were present.
Practical Steps and Evidence
To support a claim, gather evidence such as:
- Traffic camera footage (if available) to show vehicle movements.
- Witness contact details to verify statements.
- Police report documenting the accident and any traffic rule violations.
- Photographs of the accident scene, vehicle positions, and road signs.
- Medical records if injuries occurred, as these may affect benefit eligibility.
In regional NSW, where traffic cameras are less common, drivers should document the accident scene thoroughly. For instance, marking the direction of skid marks or noting the position of vehicles relative to road markings can help insurers assess fault.
Time Limits and Disputes
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury' (as defined by the MAIA). For more severe injuries, the 52-week limit does not apply. If an insurer disputes a claim, you may need to:
- Request a review with the insurer, providing additional evidence.
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT) if the dispute persists.
In regional areas, delays in processing claims may occur due to limited resources. It is crucial to act promptly and consult with a legal professional if the insurer’s assessment seems unfair.
When to Seek Advice
If you are unsure about fault determination or believe your claim is being undervalued, seek legal advice. Regional insurers may have different practices compared to urban areas, and understanding your rights under the MAIA is essential. Always ensure all evidence is submitted within the required timeframes to avoid losing benefits.
Next Steps
CTP claims depend on the specific facts of each case. To request contact about your circumstances, complete the quick, no obligation enquiry form.