Common Mistakes in Roundabout Collision Claims
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 regional NSW often lead to avoidable errors in CTP claims due to missteps in documentation, timing and legal understanding. The most frequent mistakes include failing to secure medical records promptly, not preserving accident scene evidence, and missing statutory deadlines. SIRA guidelines emphasize that claimants must establish a direct link between the accident and injuries, which can be complicated in roundabout incidents where multiple vehicles are involved.
Key SIRA Requirements for Roundabout Claims
SIRA's Motor Accident Guidelines require claimants to demonstrate that injuries resulted directly from the collision. In roundabout scenarios, this involves proving the accident's location, vehicle movements and injury causation. Regional NSW claimants must also consider delays in accessing legal advice, as rural areas often have limited solicitors. SIRA's 'What you can claim' page clarifies that benefits like weekly payments depend on meeting the 'only injuries' threshold under the Motor Accident Injuries Act 2017.
Practical Steps to Avoid Errors
Claimants should:
- Document the accident scene with photos, including road signs and vehicle positions
- Obtain immediate medical attention and ensure records note the collision's location
- Notify their insurer within 52 weeks of the accident, as per SIRA's 'Making a claim' guidelines
- Preserve witness contact details and accident reports
A common error is delaying medical treatment, which can weaken claims. For example, a pedestrian injured at a roundabout who waits weeks to seek care may struggle to prove the injury's direct link to the collision.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident, though extensions may apply for exceptional circumstances. Regional claimants should act quickly, as delays can jeopardize access to benefits like treatment and care payments. If disputes arise over injury severity, SIRA's dispute resolution process requires submitting medical reports and expert opinions to assess whether the injury meets the 'only injuries' threshold.
When to Seek Legal Advice
Complex cases, such as those involving multiple vehicles or unclear fault, require legal assistance. Regional NSW claimants may face additional challenges, including longer travel times to legal services. SIRA's 'Motor accident claims' page advises seeking legal help if injuries exceed the threshold injury definition or if benefits are disputed.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.