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 suffered an ankle fracture in a car accident in NSW, preserving evidence is critical to support your Compulsory Third Party (CTP) claim. Ankle fractures, often caused by impact forces during collisions, require specific documentation to prove injury severity and link it to the accident. This article explains what evidence to collect, how to preserve it, and key records to retain under NSW CTP rules.
NSW CTP Rules for Ankle Fractures
NSW CTP claims are governed by the Motor Accident Injuries Act 2017 and SIRA guidelines. Ankle fractures fall under 'threshold injuries' if they meet specific medical criteria, such as a 10% whole person impairment rating. However, claims for ankle fractures may also involve common law damages if the injury exceeds threshold injury standards. SIRA requires evidence to demonstrate the injury's connection to the accident and its impact on daily life.
Essential Evidence for Ankle Fractures
To support your claim, collect the following:
- Medical records: Obtain copies of X-rays, MRI scans, and doctor notes confirming the fracture. Highlight treatment details like surgery, physiotherapy, or crutch use.
- Accident reports: Secure a police report or statement from the driver’s insurance company. These documents establish the incident’s circumstances.
- Witness statements: Note names and contact details of witnesses who saw the accident. Their accounts can corroborate your version of events.
- Photographs: Document the injury site, vehicle damage, and any visible signs of the accident (e.g., skid marks). Avoid using social media to share images unless advised by a solicitor.
- Income records: Provide evidence of lost wages or reduced earning capacity if the injury affects your ability to work.
Practical Steps to Preserve Evidence
After the accident, take these actions immediately:
- Seek medical attention within 24 hours to ensure the injury is documented.
- Avoid social media posts or admitting fault, as this could impact your claim.
- Store all documents in a secure location, such as a locked filing cabinet or cloud storage with encryption.
- Contact SIRA’s claims team within 52 weeks of the accident to initiate your application. Delays may affect your eligibility for statutory benefits.
Time Limits and Dispute Resolution
NSW CTP claims must be submitted within 52 weeks of the accident if you’re seeking statutory benefits like weekly payments or treatment costs. If your injury exceeds threshold injury standards, you may still have time to pursue common law damages, but this depends on the injury’s severity and the date of the accident. Disputes over injury severity or fault should be resolved through SIRA’s review process or by consulting a solicitor.
When to Seek Legal Advice
Contact a solicitor if:
- Your injury requires long-term treatment or has caused permanent disability.
- You’re unsure whether your ankle fracture meets threshold injury criteria.
- The at-fault driver’s insurance company disputes your claim.
- You need assistance navigating SIRA’s claims process.
Example Scenario
Consider a driver who fractured their ankle during a collision. They collected medical records showing a 12% impairment rating, submitted a police report, and documented their inability to work. This evidence supported both statutory benefits and a successful common law damages claim.
Time limits and procedural requirements vary depending on the accident date and injury type. To ensure your claim is properly assessed, complete the quick, no obligation enquiry form to discuss your circumstances with a legal professional.