How SIRA assesses T-bone collisions in NSW CTP 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).
T-bone collisions, where one vehicle strikes the side of another, are common at intersections and driveways. Under NSW’s Compulsory Third Party (CTP) scheme, claims depend on the injury type, accident date, and evidence. The State Insurance Regulatory Authority (SIRA) evaluates claims based on the Motor Accident Injuries Act 2017 and its guidelines. For example, a pedestrian hit at a crosswalk may claim soft-tissue injuries, while a driver involved in a side-impact crash may seek treatment and income support.
Common injuries from T-bone side-impact collisions
SIRA categorises injuries as 'threshold injuries' or more severe. Threshold injuries include soft-tissue damage like whiplash, sprains, or bruising. For these, weekly benefits and treatment payments are available for up to 52 weeks. More serious injuries, such as spinal nerve-root damage or fractures, may qualify for long-term support. A 2023 Newcastle case showed a cyclist hit at a traffic light claimed a threshold injury, resulting in 26 weeks of weekly payments.
Practical steps after a T-bone collision in Newcastle/Hunter
- Seek immediate medical attention, Document all injuries, even minor ones, as they may worsen over time.
- Preserve accident evidence, Collect photos of the scene, witness statements, and police reports. For example, a driver hit at a Hunter Valley driveway should note the vehicle’s position and any traffic signs.
- Notify your insurer, Contact your CTP insurer within 28 days of the accident to start the claim process.
- Keep records of income and expenses, SIRA requires proof of lost wages or additional costs like transport.
Time limits and dispute resolution
CTP claims must be submitted within 28 days of the accident. If you miss this deadline, SIRA may refuse the claim. Disputes over injury severity or benefits can be resolved through SIRA’s review process. For instance, a Hunter resident who disputed their weekly payment after a T-bone collision had their claim reassessed and adjusted after providing additional medical records.
When to seek legal advice
Complex cases, such as those involving multiple injuries, long-term care needs, or disputes over fault, may require a solicitor. A Newcastle resident who suffered a spinal injury in a T-bone collision consulted a lawyer to ensure all benefits were claimed, including future income support.
Next steps
CTP claims depend on the accident date, injury type, and evidence. To discuss your circumstances, complete the quick, no obligation enquiry form.