Common Mistakes in CTP Claims for Roundabout Collisions
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).
Roundabout collisions in NSW are governed by the Motor Accident Injuries Act 2017 and administered by SIRA. While CTP insurance covers injuries from motor vehicle accidents, claimants on the Central Coast often make errors that reduce their entitlements. The most frequent mistakes include failing to seek immediate medical attention, not documenting the accident scene, and missing deadlines to notify insurers. These oversights can lead to disputes over injury severity or eligibility for benefits.
How SIRA Assesses Roundabout Collision Claims
SIRA evaluates claims based on medical evidence, not fault. For example, a claimant who sustains a soft-tissue injury (threshold injury) may be eligible for weekly benefits, but SIRA will assess whether the injury meets the spinal nerve-root criteria in the Motor Accident Guidelines. If a claimant fails to provide medical records confirming the injury, SIRA may dispute the claim. Additionally, claims involving multiple injuries must demonstrate that the injuries resulted from the roundabout collision, not a pre-existing condition.
Practical Steps to Avoid Errors in CTP Claims
To avoid mistakes, claimants should:
- Seek medical attention immediately after the collision, even if injuries seem minor.
- Document the accident scene with photographs, witness details, and a written account.
- Notify the at-fault driver’s insurer within 52 weeks of the accident to claim weekly benefits.
- Preserve all medical records, including treatment plans and impairment assessments.
A common error is not reporting the claim promptly. For instance, a claimant who delays notifying the insurer may lose access to treatment and care benefits after 52 weeks, as outlined in s 4.4 of the Motor Accident Injuries Act 2017.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident to access weekly benefits. If a claimant disputes SIRA’s assessment, they can request a review by the Motor Accident Review Tribunal. However, delays in submitting evidence or failing to meet statutory deadlines can result in the claim being rejected. For example, a claimant who fails to provide medical records within the 52-week period may lose entitlement to benefits for threshold injuries.
When to Seek Legal Advice
Claimants should consult a solicitor if SIRA’s offer does not reflect the full extent of their injuries. Legal advice can help challenge incorrect assessments, such as when a claimant has a whole person impairment rating of 10% or more. On the Central Coast, legal professionals can also assist with disputes over lifetime care needs or workers’ compensation overlaps.
Conclusion
CTP claims for roundabout collisions require careful attention to medical evidence, deadlines, and SIRA’s assessment criteria. Avoiding common mistakes like delayed medical treatment or incomplete documentation can significantly impact the outcome. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.