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NSW lawyers reject ‘unfair’ CTP regulations

New compulsory third party regulations that take effect in NSW on Friday will erode the rights of many innocent car crash victims, state Bar Association President Arthur Moses warns.

The regulations, published last week, follow the passage earlier this year of legislation aimed at making the scheme fairer and more affordable.

Mr Moses says the regulations have defects that compromise the legal rights of many injured accident victims, and which go against government commitments made during consultations.

“In many cases injured people will be forced to rely on Medicare for the long-term treatment of their injuries, at the expense of the community but to the benefit of the insurance industry,” he said.

He says the regulations exclude from damages people with moderately severe injuries that manifest in neurological issues, even if they are unable to return to work.

The Bar Association says the regulations also contain more than 60 potential points of dispute, adding to costs and red tape and making it difficult for non-lawyers to navigate the system.

“Injured motorists with no access to lawyers will be involved in unequal contests up against insurance companies and the resources such companies can bring to bear,” Mr Moses said.

“We urge the Government to reconsider its position and adhere to the minister’s promise of providing adequate compensation to accident victims.”