What Changed for U-turn Collision Claims After 2017?
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).
The 2017 reforms to NSW's Compulsory Third Party (CTP) scheme introduced significant changes to how injuries from u-turn collisions are assessed and compensated. Under the new Motor Accident Injuries Act 2017 (MAIA), claimants must now demonstrate a direct link between the u-turn and their injuries, with fault determination focusing on whether the u-turn was illegal or unsafe. This contrasts with the previous Motor Accidents Compensation Act 1999 (MACA), which applied to accidents before 1 December 2017.
How SIRA Assesses Fault and Compensation
The State Insurance Regulatory Authority (SIRA) now evaluates u-turn claims under the MAIA framework. Key factors include:
- Fault allocation: The u-turn must have been illegal (e.g., violating road rules) or unsafe (e.g., causing a hazard).
- Threshold injury criteria: Injuries must meet the MAIA's definition of a 'threshold injury, ' which includes soft tissue injuries with spinal nerve-root involvement.
- Compensation limits: Weekly benefits and treatment costs are generally limited to 52 weeks after an accident where only threshold injuries are sustained.
SIRA's updated guidelines emphasize that fault must be 'clearly attributable' to the u-turn, and claimants must provide evidence such as traffic camera footage, witness statements, or police reports.
Practical Steps for U-turn Collision Claimants
To navigate a u-turn claim post-2017, injured parties should:
- Seek immediate medical attention to document injuries, as delays may affect eligibility for benefits.
- Preserve evidence: Collect accident reports, photographs of the u-turn location, and witness contact details.
- Notify your insurer within 52 weeks of the accident to avoid missing statutory deadlines.
- Review your claim with SIRA using the online portal or by contacting their claims team.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks of the accident, though extensions may apply for complex cases. If your injury falls below the threshold (e.g., minor whiplash without neurological signs), you may not qualify for benefits under the MAIA. Disputes over fault or compensation can be escalated to the NSW Civil and Administrative Tribunal (NCAT) for review.
Example Scenario
A driver involved in a collision with a vehicle making an illegal u-turn at a red light sustained soft tissue injuries. Under the MAIA, their claim for weekly benefits would be limited to 52 weeks unless the injury meets the 'whole person impairment' threshold. If the injury is below this threshold, the claimant may need to pursue a separate common law damages claim.
When to Seek Legal Advice
The 2017 reforms have altered how u-turn claims are assessed, particularly regarding fault and compensation thresholds. If your claim involves a pre-2017 accident, the MACA may still apply. For personalized guidance, complete the quick, no obligation enquiry form to discuss your circumstances.