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 were injured in a black ice skid collision in Ashfield and need funding for treatment costs, the NSW Compulsory Third Party (CTP) scheme may cover your medical expenses. This article explains how treatment costs are funded under NSW CTP laws, what evidence is required, and how claims are processed for black ice skid collisions.
How CTP Funds Treatment Costs for Black Ice Skid Collisions
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme covers treatment costs for injuries caused by motor vehicle accidents, including black ice skid collisions. This includes medical bills, therapy sessions, and other treatment expenses. The scheme is funded by insurers of at-fault drivers, not the injured person’s own insurance.
The SIRA guidelines clarify that treatment costs must be directly related to the accident. For example, if a black ice skid caused a whiplash injury requiring physiotherapy, the CTP insurer must cover those costs. However, the scheme does not cover treatment for pre-existing conditions or injuries unrelated to the accident.
Evidence Required to Claim Treatment Costs
To claim funding for treatment costs, you must provide evidence linking the injury to the black ice skid collision. Key documents include:
- Medical records confirming the injury and its connection to the accident
- Accident reports detailing the black ice skid and loss of control
- Witness statements or police reports
- Receipts for treatment expenses
- A doctor’s report explaining how the injury affects your daily life
If you’re unsure whether your treatment costs qualify, contact the CTP insurer or seek legal advice. The SIRA guidelines provide detailed examples of acceptable evidence.
Time Limits and Dispute Resolution
You must notify the CTP insurer within 52 weeks of the accident to claim treatment costs. If the insurer disputes your claim, you can request a review under the Motor Accident Injuries Regulation 2017. For complex cases, such as disputes over pre-existing injuries, independent medical opinions may be required.
Example: Funding Costs After a Black Ice Skid
Consider a scenario where a driver loses control on black ice, collides with another vehicle, and sustains a soft-tissue injury. The CTP insurer must cover the cost of X-rays, physiotherapy, and prescribed medication. However, if the injury is a threshold injury (as defined by the Motor Accident Guidelines), weekly benefits may stop after 52 weeks, even if treatment continues.
When to Seek Legal Advice
While the CTP scheme covers many treatment costs, disputes can arise over injury severity, pre-existing conditions, or eligibility for benefits. For example, if the insurer denies coverage for a treatment you believe is necessary, a lawyer can help you challenge the decision. Legal advice is also recommended if you’re unsure about the 52-week time limit or how to dispute a rejected claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.