How insurers assess liability in U-turn collisions
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).
In New South Wales, insurers assess liability in U-turn collision claims by examining traffic rules, fault determination, and the specific circumstances of the incident. U-turns are illegal unless conducted safely, and drivers must ensure there is no oncoming traffic and a clear view of the road. Insurers use the Motor Accident Injuries Act 2017 (MAIA) and SIRA guidelines to evaluate whether the driver's actions breached legal standards.
Key legal factors for liability
Liability in U-turn collisions depends on whether the driver violated traffic laws. For example, making an illegal U-turn without checking for oncoming traffic or failing to signal can establish fault. Insurers also consider whether the driver had a clear view of the road and if the U-turn was conducted in a legal location, such as a car park or intersection.
Under the MAIA, drivers must act as a reasonable person would. If the U-turn was unsafe or against traffic rules, the insurer may attribute liability to the driver. However, if the accident involved multiple parties, contributory fault may reduce compensation.
Evidence insurers consider
Insurers rely on evidence such as traffic camera footage, witness statements, and police reports to assess fault. Drivers should document the accident scene, including vehicle positions, skid marks, and any damage. Medical records are also critical to show how injuries relate to the collision.
A common mistake is failing to report the incident promptly. Delays may affect the insurer's ability to assess liability accurately. For example, if a driver fails to notify the insurer within the required time frame, benefits may be delayed or denied.
Time limits and dispute resolution
Claims must be submitted within 52 weeks of the accident for benefits under the MAIA. If injuries persist beyond this period, compensation may still be available, but insurers may reassess the claim. Disputes over liability can be resolved through the NSW Civil and Administrative Tribunal (NCAT) or legal action.
When to seek legal advice
If an insurer denies a claim or disputes liability, seeking legal advice is essential. A solicitor can review evidence, challenge fault assessments, and ensure claimants receive fair compensation. This is particularly important in complex cases involving multiple parties or severe injuries.
Practical steps for claimants
- Document the accident: Take photos of the scene, vehicle damage, and any visible injuries.
- Report the incident: Notify the insurer and police within 24 hours.
- Seek medical attention: Ensure injuries are recorded in medical records.
- Keep records: Retain all correspondence, receipts, and medical reports.
Conclusion
Liability in U-turn collisions depends on traffic law compliance and fault determination. Insurers use legal standards and evidence to assess claims, but claimants should seek legal advice if disputes arise. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.