U-turn collisions, how SIRA explains liability and claim rules in NSW
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).
If you've been injured in a collision involving an unsafe or illegal U-turn in New South Wales, you may be wondering how the law determines liability and what compensation you might be entitled to. The New South Wales government’s State Insurance Regulatory Authority (SIRA) provides the official framework for claims under the Compulsory Third Party (CTP) scheme. This article explains how SIRA interprets the rules for U-turn collisions, focusing on liability, claim eligibility, and practical implications for injured road users in Greater Sydney.
The NSW CTP rules that sit behind this question
Under the Motor Accident Injuries Act 2017, all motor vehicle owners in NSW must carry CTP insurance to cover injuries caused by their vehicle. When a collision occurs, the CTP insurer of the at-fault driver is responsible for paying compensation to injured parties, regardless of who was at fault. This means that even if the U-turn was illegal, the driver who caused the collision is still liable under the CTP scheme.
SIRA’s guidelines clarify that liability in U-turn collisions is determined by whether the driver’s actions were illegal or unsafe. For example, if a driver attempted to make a U-turn in a car park or on a road where it was not permitted, they may be considered at fault. However, the CTP scheme does not consider fault in the same way as a common law damages claim, it focuses on whether the collision occurred and whether the injured person was a road user.
Practical steps and evidence that usually matter
If you’ve been injured in a U-turn collision, it’s important to take the following steps to support your claim:
- Seek immediate medical attention, Document your injuries with a medical professional, as this is essential for proving the extent of your injuries.
- Obtain a copy of the accident report, If the collision was reported to police, ensure you have a copy of the report, as it may include details about the U-turn and the driver’s actions.
- Take photographs of the scene, This can help establish the location of the collision and the condition of the road or car park at the time of the incident.
- Keep records of your income and expenses, If your injuries have affected your ability to work, you may be eligible for weekly income payments under the CTP scheme.
- Notify your insurer or SIRA, If you believe you have a claim, contact the relevant insurer or SIRA to begin the process.
Time limits, disputes and when to seek advice
Under the CTP scheme, there are strict time limits for making a claim. In most cases, you must notify your insurer or SIRA within 52 weeks of the accident. This means that if you wait longer than this period, you may lose your right to claim certain benefits, such as weekly income payments or treatment and care benefits.
If you believe your claim has been denied or that your injuries have not been properly assessed, you may need to seek independent advice. SIRA provides a complaints process, and you may also choose to consult a legal professional to understand your options.
When to seek advice
If you’re unsure whether your injuries qualify for compensation under the CTP scheme, or if you believe your claim has been denied without proper explanation, it’s important to seek advice. SIRA’s guidelines are complex, and the rules for U-turn collisions can be particularly nuanced. A legal professional can help you understand your rights and the steps you need to take to support your claim.
How SIRA’s guidelines affect compensation for injuries caused by U-turn collisions
SIRA’s guidelines clarify that the CTP scheme covers a wide range of injuries, including those caused by unsafe or illegal U-turns. However, the amount of compensation you receive depends on the nature of your injuries and the evidence you provide. For example, if your injuries are classified as a 'threshold injury' under the Motor Accident Guidelines, you may be eligible for weekly income payments and treatment benefits.
If your injuries are more severe, you may be eligible for additional compensation, such as lump sum payments or ongoing care benefits. SIRA’s guidelines provide a detailed framework for determining what you may be entitled to, but it’s important to understand that the outcome of your claim will depend on the specific facts of your case.
Real-world example
Consider the case of a pedestrian who was injured when a driver attempted to make an illegal U-turn in a car park. The driver was not looking, and the pedestrian was struck from behind. In this scenario, the driver would be considered at fault under the CTP scheme, and the pedestrian would be eligible for compensation under the CTP scheme. However, the amount of compensation would depend on the severity of the injuries and the evidence provided to support the claim.
Next steps
If you’ve been injured in a U-turn collision, it’s important to understand your rights under the CTP scheme. SIRA’s guidelines provide a clear framework for determining liability and claim eligibility, but the process can be complex. If you’re unsure whether your claim is valid or if you believe your injuries have not been properly assessed, it’s important to seek advice.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.