Ankle Fractures and Time Limits for NSW CTP Claims
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, you have 52 weeks from the date of the accident to claim benefits under the Compulsory Third Party (CTP) scheme. This time limit applies to all claims for treatment, care, and weekly income payments if your injury is classified as a 'threshold injury' under the Motor Accident Guidelines.
Legal Framework for Ankle Fractures in CTP Claims
Ankle fractures are typically considered threshold injuries under the Motor Accident Injuries Act 2017 (MAIA). This means your claim for weekly benefits and treatment care benefits will be limited to 52 weeks after the accident. If your injury is not a threshold injury (e.g., a severe fracture requiring surgery), the time limit may be longer, but this requires a medical assessment.
SIRA (State Insurance Regulatory Authority) confirms that claims must be notified to the insurer within 52 weeks of the accident. Delays beyond this period may result in losing access to benefits, even if your injury is serious.
Practical Steps for Ankle Fracture Claims
To support your claim, you must:
- Notify the at-fault driver’s insurer within 52 weeks of the accident.
- Provide medical evidence confirming your ankle fracture and its link to the accident.
- Keep records of all treatment, including scans, physiotherapy, and medical bills.
- Document your income if you’ve lost wages due to the injury.
SIRA advises that failure to notify the insurer within the 52-week period may prevent you from receiving weekly benefits, even if your injury is not a threshold injury.
When to Seek Legal Advice
If your ankle fracture is severe or your injury is not classified as a threshold injury, the time limit for benefits may be longer. However, the 52-week deadline for notifying the insurer remains strict. Legal advice is recommended if:
- You’ve missed the 52-week deadline.
- Your injury involves complex medical evidence.
- You’re unsure whether your injury qualifies as a threshold injury.
Example: Ankle Fracture Claim in Bankstown
A driver in Bankstown who fractured their ankle in a car accident must notify the insurer within 52 weeks. If the injury is a threshold injury, weekly benefits will stop after 52 weeks. If the injury is not a threshold injury, benefits may continue beyond this period, but this requires a medical assessment.
Next Steps
Time limits for CTP claims depend on the date of your accident, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.