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 caused by car accidents in NSW can lead to significant compensation through the Compulsory Third Party (CTP) scheme. However, claimants in Auburn often make critical errors that jeopardise their ability to receive benefits. This article explains the most common mistakes, how SIRA assesses ankle fractures, and what evidence is required to support a CTP claim.
Key Mistakes in Ankle Fracture Claims
Claimants frequently fail to seek immediate medical attention after an accident. Without a documented diagnosis of an ankle fracture, it becomes impossible to prove the injury arose from the motor accident. SIRA requires a medical report confirming the fracture, its severity, and how it relates to the accident.
Another common error is not preserving accident details. Witnesses, vehicle damage, and road conditions are critical to establish fault and the nature of the injury. Failing to photograph the scene or collect contact information from witnesses can weaken a claim.
SIRA's Approach to Ankle Fractures
SIRA assesses ankle fractures based on the Motor Accident Guidelines, which define threshold injuries. A fracture qualifies as a threshold injury if it meets specific clinical criteria, such as a break in a weight-bearing bone or ligament damage. However, fractures that result in whole person impairment (WPI) of 10% or more may entitle claimants to additional damages.
For example, a claimant who fractures their ankle and requires surgery to realign bones may qualify for both treatment benefits and a damages claim. SIRA evaluates the injury's impact on mobility, work capacity, and daily activities to determine compensation.
Essential Documentation for CTP Claims
To support a claim, claimants must provide:
- A medical report from a registered medical practitioner confirming the fracture and its relation to the accident
- Police or insurance reports documenting the accident
- Evidence of income loss or medical expenses
- Proof of the accident date, as time limits apply
Claimants must also be aware of the 52-week statutory limit for weekly benefits if only threshold injuries are involved. After this period, benefits may be restricted unless the injury meets the WPI threshold.
When to Seek Legal Advice
Disputes over injury assessment or claim value often require legal intervention. Claimants should consult a solicitor if:
- Their claim is denied without a clear explanation
- They receive a lower offer than the SIRA guidelines suggest
- They need assistance with the 52-week review process
Ignoring these steps can result in lost benefits or missed deadlines. By understanding the legal framework and taking proactive steps, claimants in Auburn can better protect their rights under the NSW CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.