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).
Chronic pain claims under NSW Compulsory Third Party (CTP) law require specific evidence to support your claim. If you're experiencing ongoing pain after a motor accident in Armidale, retaining detailed records is critical. This guide explains what evidence matters, how SIRA guidelines apply, and practical steps to document your claim.
What Evidence Matters for Chronic Pain Claims?
Under NSW CTP rules, chronic pain injuries must be documented to show a direct link to the accident. Key evidence includes:
- Medical records showing diagnosis, treatment, and ongoing symptoms
- Accident reports from police or witnesses
- Photographs of the accident scene and vehicle damage
- Witness statements detailing the incident
- Medical opinion linking your pain to the accident
SIRA guidelines emphasize that chronic pain must be 'a consequence of the accident' and not pre-existing. Keep records of all treatments, including physiotherapy, medications, and specialist consultations.
How SIRA Guides Documentation for Chronic Pain
SIRA's Motor Accident Claims page states that chronic pain claims must demonstrate:
- A 'threshold injury' under the Motor Accident Injuries Act 2017
- A connection between the accident and your ongoing pain
- That your pain is 'more than temporary' and requires long-term management
For example, if you have persistent back pain after a car accident, your doctor must confirm this is a new injury, not a pre-existing condition. SIRA also requires evidence that your pain impacts daily activities.
Records to Keep for Your Claim
Maintain these documents to support your claim:
- Medical records showing pain levels, treatment history, and any impairment assessments
- Accident reports from the NSW Police or your insurer
- Witness contact details and statements
- Photographs of your injuries and the accident scene
- Income records if you've lost earnings due to your injury
- Correspondence with your insurer or SIRA
If you're receiving weekly benefits, ensure your medical records clearly show your condition has not improved after 52 weeks.
Time Limits and Dispute Options
You must notify your insurer of your claim within 52 weeks of the accident. If your claim is disputed, SIRA provides a review process. For example, if your insurer argues your pain is not 'chronic, ' you may need additional medical evidence to prove your condition meets the threshold.
When to Seek Legal Advice
If your claim is denied, or if you're unsure about your evidence, contact a solicitor. Legal professionals can help you:
- Challenge decisions based on the Motor Accident Injuries Act 2017
- Request a review of your claim
- Navigate SIRA's dispute resolution process
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.
Practical Example
Imagine a cyclist in Armidale who develops chronic knee pain after a collision. Their doctor documents this as a new injury, and they keep records of all treatments. This evidence supports their claim under CTP rules.