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).
After a roundabout collision in New South Wales, injured road users must demonstrate specific facts to meet the Personal Injury Commission’s (PIC) expectations for a Compulsory Third Party (CTP) claim. The PIC evaluates disputes by assessing evidence of fault, injury severity, and compliance with NSW CTP rules. This article explains what injured drivers, passengers, cyclists, and pedestrians must prove, the evidence required, and how insurers assess claims following roundabout accidents.
What the PIC Requires in Roundabout Collision Disputes
The PIC’s approach to roundabout collision claims hinges on three core principles: establishing fault, proving injury, and showing a direct link between the accident and the claimant’s injuries. Under the Motor Accident Injuries Act 2017, the PIC prioritizes evidence that demonstrates:
- Fault: The claimant must show the other party breached their duty of care, such as failing to yield or misjudging speed. Roundabouts have specific rules (e.g., ‘give way’ signs), and failure to follow them can establish liability.
- Injury: Medical evidence, such as a GP note or specialist report, must confirm the injury. For soft-tissue injuries (threshold injuries), the PIC uses the Motor Accident Guidelines to assess whether the injury meets the definition of a ‘threshold injury’ under the Act.
- Causation: The injury must be directly caused by the roundabout collision. For example, a cyclist hit by a car at a roundabout must prove the collision caused their injuries, not a pre-existing condition.
Evidence That Matters in Roundabout Claims
To support a CTP claim after a roundabout collision, injured road users should gather:
- Accident reports: Police reports or statements from traffic officers can establish fault.
- Witness statements: Eyewitness accounts of who stopped first or who ran the stop sign are critical.
- Medical records: Detailed records showing the injury’s onset, treatment, and impact on daily life.
- Photographs: Images of the collision site, vehicle damage, and any visible injuries.
- Witness contact details: Names and phone numbers of witnesses to verify their statements.
A hypothetical example: A motorist entering a roundabout fails to yield, causing a collision with a cyclist. The cyclist’s GP notes show neck pain and restricted movement, matching the injury described in the accident report. The PIC would consider this evidence to determine fault and injury.
How NSW CTP Insurers Evaluate Disputes
NSW CTP insurers assess disputes by applying the Motor Accident Injuries Act 2017 and SIRA guidelines. Key factors include:
- Fault allocation: Insurers use traffic camera footage, police reports, and witness statements to determine who was at fault.
- Injury severity: For threshold injuries, the PIC applies the Motor Accident Guidelines to assess whether the injury qualifies for benefits.
- Dispute resolution: If the claimant disputes the PIC’s decision, they can request an internal review or seek independent medical assessment.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident, though this period may extend if the injury was not immediately apparent. Injured road users should:
- Notify their insurer within 52 weeks.
- Seek legal advice if the PIC denies the claim or disputes the injury’s severity.
- Challenge the decision through the PIC’s internal review process.
Disputes over fault or injury severity are common in roundabout collisions. For example, if the PIC disputes whether the injury meets the threshold definition, the claimant may need to provide additional medical evidence.
Next Steps for Injured Road Users
If your roundabout collision claim is disputed, time limits and procedural rules may affect your ability to seek compensation. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.