As a result of changes made to the Motor Accidents Compensation Act 1999, “blameless” accidents are now covered by the CTP scheme. But what is a blameless accident?
A blameless accident is exactly as it sounds, that is, an accident where no one is at fault. The Act defines it as “a motor accident not caused by the fault of the owner or driver of any motor vehicle”. Think situations where trees fall on vehicles during storms, accidents caused by horses, kangaroos and other animals running onto the road, and other circumstances where you cannot attribute fault to any person or other entity.
Perhaps the most well known example of a blameless accident was the case involving Sophie Delezio. In fact, this case was the reason the amendments came about. Sophie Delezio was a little girl attending day care, when a car careered out of control crashing into the day care centre, causing her catastrophic injuries in the process. Unfortunately, the driver had suffered a massive heart attack and this was the reason he lost control of his car. At the time, Sophie was not covered under the CTP scheme because fault could not be attributed to anyone, and this was prior to the blameless accident provisions. Luckily the government responded to this and introduced the provisions so that in future such situations would be covered.
The Courts have interpreted and shaped the law in this area through various cases. In 2015 the Supreme Court in Connaughton v Pacific Rail Engineering Pty Ltd opened up the area to include single vehicle accidents. The driver in that case was injured when a tree fell onto the roof of his truck.
Subsequent cases have confirmed that in single vehicle accidents it is necessary to prove that the driver did not contribute to the accident in any way. For example, a case where a kangaroo jumped out in front of a car causing an accident WAS held to be a blameless accident, whereas a case where a cat jumped out and the driver swerved, thereby causing him to collide with a tree was NOT a blameless accident. The driver’s action of swerving was enough to distinguish this case and it was not covered as a blameless accident.
The area of blameless accidents can be tricky, and of course each case turns on its own set of facts. As for all motor accident claims, strict time limits apply, so it is advisable to seek legal advice promptly.
