Motor vehicle accidents at roundabouts in Greater Sydney are governed by the Motor Accident Injuries Act 2017 (MAIA) and administered by the State Insurance Regulatory Authority (SIRA). SIRA’s guidance clarifies how liability and compensation claims are assessed in these situations, focusing on driver responsibility, evidence standards and statutory entitlements.
SIRA determines fault in roundabout collisions based on the principle of reasonable care under the law. Drivers must give way to vehicles already in the roundabout, and failure to do so may result in a finding of fault. The authority applies this rule consistently across Greater Sydney, including in areas such as North Sydney, Parramatta, and the Eastern Suburbs. A driver who enters a roundabout without yielding to traffic already circulating may be found at fault, even if the collision occurs at the exit. SIRA emphasises that the duty to yield applies regardless of whether the roundabout is marked with signage or not.
When a claim arises from a roundabout accident, SIRA assesses entitlements based on the nature of the injuries, the claimant’s role in the accident, and the availability of evidence. The claimant must demonstrate that the injury occurred as a direct result of the motor accident. This includes medical evidence showing a causal link between the accident and the injury, particularly for soft tissue injuries or conditions that may not be immediately apparent.
SIRA’s approach to compensation entitlements follows the framework set out in the MAIA and the Motor Accident Injuries Regulation 2017. Statutory benefits such as treatment and care, weekly income payments, and rehabilitation support are available to eligible claimants regardless of fault, provided the injury is not excluded under the threshold provisions. However, a claim for damages (common law) is only available if the injury meets the threshold for serious injury, or if the claimant has a whole person impairment (WPI) of 10% or more.
Evidence that supports a CTP claim following a roundabout accident includes:
- Medical records from the time of the accident through to recovery, including diagnosis, treatment and prognosis
- Photographs of the accident scene, vehicle damage, and road markings
- Statements from witnesses, including contact details and a written account
- A police report, if one was filed
- Details of any prior injuries or medical conditions that may affect the claim
- Records of lost income or reduced capacity to work
SIRA does not treat roundabout collisions as a separate category for compensation purposes. The same legal principles apply as for any other motor accident. However, SIRA’s emphasis on driver responsibility and the use of roundabout rules in liability assessment means that claimants must be prepared to demonstrate how the accident occurred, particularly in cases where fault is disputed.
A hypothetical example: A pedestrian was struck by a car while crossing a roundabout in Chatswood. The driver claimed they did not see the pedestrian due to a large vehicle obstructing their view. SIRA would assess whether the driver exercised reasonable care, including checking mirrors and scanning the area before entering the roundabout. The pedestrian’s claim would be supported by CCTV footage from a nearby business, a witness statement, and medical evidence of a fractured wrist. In this case, SIRA would likely find the driver at fault, and the pedestrian would be entitled to treatment and care benefits, weekly payments, and potentially damages if the injury met the threshold.
Time limits apply to CTP claims in NSW. A claim for statutory benefits must be made within three years of the accident date. A claim for damages must be commenced within three years of the date the claimant knew or ought to have known of the injury. These time limits are strict and may not be extended, except in limited circumstances such as a claim against a Nominal Defendant.
If a claim is denied or a dispute arises over liability or entitlement, SIRA provides a formal review process. Claimants may request a review of a decision by the insurer or SIRA itself. In some cases, a claim may be referred to the NSW Civil and Administrative Tribunal (NCAT) for determination.
SIRA’s guidance on roundabout collisions reflects a consistent application of the law across Greater Sydney. The authority does not apply different rules based on location within the region. However, the complexity of roundabout design, traffic flow, and driver behaviour may influence how evidence is interpreted. Claimants should not assume that a roundabout setting automatically increases the likelihood of a successful claim. The outcome depends on the facts, the strength of evidence, and whether the injury meets the legal thresholds for compensation.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.