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).
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).
Ankle fractures in motor accidents now fall under the new NSW CTP compensation rules introduced in 2017. The reforms changed how injuries are assessed, claim timelines, and compensation thresholds. This guide explains the key changes, how SIRA evaluates ankle fractures, and practical steps for injured drivers or pedestrians.
Key Changes to NSW CTP Laws After 2017
The 2017 reforms replaced the old Motor Accidents Compensation Act 1999 (MACA) with the Motor Accident Injuries Act 2017 (MAIA). Under the new system, ankle fractures are classified as threshold injuries if they meet specific medical criteria. This means injuries like broken ankles may now qualify for statutory benefits, even if they were previously considered minor.
SIRA (State Insurance Regulatory Authority) now assesses all claims under the MAIA. A key change is the spinal nerve-root qualification: an ankle fracture may still be a threshold injury if it causes neurological signs, even without radiculopathy. This expands coverage for lower limb injuries compared to pre-2017 rules.
What You Can Claim for Ankle Fractures
Under the new framework, injured people may claim:
- Weekly income benefits for lost wages
- Treatment and care benefits for medical costs
- Compensation for long-term impairment if the ankle fracture results in lasting damage
SIRA uses the Motor Accident Guidelines to determine if an ankle fracture meets the threshold injury definition. This includes assessing clinical signs like pain, swelling, and mobility limitations.
Time Limits and Dispute Options
Claims must be made within 52 weeks of the accident for weekly benefits, but there is no strict time limit for filing a full claim. However, delays may affect the ability to claim long-term impairment compensation.
If your ankle fracture is classified as a threshold injury, you may still pursue a common law damages claim for additional compensation. This requires proving fault and a direct link between the accident and your injuries.
Practical Steps and Evidence
To support your claim, gather:
- Medical records confirming the ankle fracture and its impact
- Accident reports or police statements
- Witness details and photographs of the scene
- Income records to calculate lost wages
- Correspondence with insurers
A labeled example: Sarah, a pedestrian, fractured her ankle in a car crash. SIRA assessed her injury as a threshold injury under the new rules, allowing her to claim weekly benefits and treatment costs. She later pursued a damages claim after a doctor confirmed lasting mobility issues.
When to Seek Advice
The 2017 reforms changed how ankle fractures are evaluated, and time limits apply to different aspects of claims. For personalized guidance, complete the quick, no obligation enquiry form to discuss your circumstances.