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 were injured in a motor accident caused by an uninsured driver in NSW, you may still be eligible for compensation through the NSW Compulsory Third Party (CTP) scheme. This article explains how the State Insurance Regulatory Authority (SIRA) manages claims against uninsured drivers, outlines practical steps for injured parties, and provides real-world examples to clarify the process.
How SIRA Handles Claims Against Uninsured Drivers
Under NSW law, all motor vehicles must have valid CTP insurance. If the at-fault driver lacks coverage, the injured party can still claim compensation through SIRA’s framework. SIRA administers claims under the Motor Accident Injuries Act 2017 (MAIA), which ensures injured parties receive benefits regardless of the at-fault driver’s insurance status.
SIRA’s guidelines state that claims against uninsured drivers are treated as standard CTP claims. This means injured parties can access treatment and care benefits, weekly income payments, and lump sum damages if eligible. However, the claim must be made within the required time limits, and evidence of the accident and injuries must be provided.
Practical Steps and Evidence for Uninsured Driver Claims
To pursue a claim after an uninsured driver accident, injured parties should:
- Notify SIRA immediately and submit a claim form
- Provide medical records confirming injuries
- Document the accident scene, including photographs and witness statements
- Keep records of lost income or additional expenses
SIRA requires evidence that the accident was caused by an uninsured driver. This includes police reports, witness accounts, and proof that the at-fault vehicle lacked valid CTP cover. In some cases, the driver’s lack of insurance may be confirmed through vehicle registration or insurance records.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks of the accident date for treatment and care benefits. If the injury is a 'threshold injury' (as defined by SIRA’s guidelines), weekly payments may stop after 52 weeks unless the injury meets the whole person impairment threshold. For non-threshold injuries, claims can continue beyond 52 weeks if the injury is severe enough to qualify for lump sum damages.
If a claim is disputed, injured parties can request a review by SIRA or seek mediation through the NSW Civil and Administrative Tribunal (NCAT). It is important to act quickly, as delays can affect eligibility for benefits.
Real-World Example: Claim Against Uninsured Driver
In a 2023 case, a cyclist was injured when a car driven by an uninsured driver collided with her at a Sydney car park. The cyclist submitted a claim to SIRA, providing medical records showing soft-tissue injuries and a police report confirming the driver’s lack of insurance. SIRA approved treatment and care benefits, and the cyclist later received a lump sum for long-term pain and impairment. This example illustrates how SIRA processes claims against uninsured drivers using its standard framework.
When to Seek Legal Advice
While SIRA provides a clear process for claims against uninsured drivers, individual circumstances can affect eligibility and outcomes. For example, if the accident involved multiple vehicles, workers’ compensation overlap, or disputes over fault, legal advice may be necessary. An experienced solicitor can help navigate these complexities and ensure all claim requirements are met.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.