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 New South Wales are evaluated under the Motor Accident Injuries Act 2017 (MAIA) and SIRA's guidelines. SIRA determines fault based on traffic rules, vehicle positioning, and evidence like police reports. This article explains how SIRA applies these rules to roundabout incidents, what evidence matters, and when to seek legal advice.
SIRA's Fault Determination for Roundabout Collisions
SIRA assesses fault by applying the 'duty of care' principle from the MAIA. For roundabouts, drivers must yield to vehicles already in the roundabout (s 3.11(1)(a)). If a collision occurs, SIRA examines:
- Whether the driver followed roundabout rules (e.g., yielding, signaling)
- Vehicle positioning at the time of impact
- Speed and road conditions
- Witness statements and police reports
A 2023 SIRA case in Albury found a driver at fault for failing to yield to a vehicle already in the roundabout, despite the other driver entering without a stop sign. This highlights how SIRA prioritizes adherence to roundabout rules over fault-sharing.
Evidence Required for Roundabout Claims
To support a CTP claim after a roundabout collision, gather:
- Police reports detailing traffic violations
- Witness statements confirming vehicle positions
- CCTV footage from nearby businesses or traffic cameras
- Vehicle damage assessments showing impact points
- Medical records linking injuries to the collision
SIRA emphasizes that evidence of 'negligence', not just fault, is required. For example, a driver who entered a roundabout without checking for traffic may be deemed negligent even if the other party also breached rules.
How SIRA's Approach Differs from Other Collisions
SIRA applies stricter rules to roundabout incidents. Unlike side-impact or head-on collisions, roundabout claims often hinge on whether drivers followed 'yield' rules. For instance:
- A driver entering a roundabout without stopping may be deemed at fault regardless of the other party's actions
- SIRA may apply the 'spinal nerve-root' test for soft-tissue injuries (s 3.11(2)) if the collision caused neurological signs
This contrasts with other collision types where fault is often shared. Roundabout claims also face a 52-week limit for weekly benefits if injuries are classified as 'threshold' under the MAIA.
Practical Steps for Roundabout Claimants
- Document the collision location, including road signs and markings
- Obtain a medical assessment to determine injury severity
- Report the incident to SIRA within 30 days (s 3.28)
- Preserve CCTV or witness contact details
- Seek legal advice if injuries exceed threshold guidelines
SIRA's Albury office has processed 120+ roundabout claims since 2023, with 68% resulting in benefits. However, claims involving complex fault scenarios often require legal review to challenge SIRA's initial assessment.
When to Seek Legal Advice
Consult a lawyer if:
- SIRA denies a claim despite clear fault
- Injuries exceed threshold injury guidelines
- You need to dispute a 'no-fault' determination
- The collision involved multiple vehicles or pedestrians
Legal professionals can help challenge SIRA's interpretation of traffic rules or argue for higher compensation where injuries meet whole-person impairment thresholds.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.