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).
In New South Wales, claims for damages related to returning to daily activities after a motor accident are governed by the Motor Accident Injuries Act 2017 and administered by the State Insurance Regulatory Authority (SIRA). While the Civil Liability Act 2002 applies to general negligence claims, CTP compensation focuses on injuries caused by motor vehicle accidents. This article explains how SIRA assesses damages for daily activity impairments, the evidence required, and practical considerations for claimants in Albury and regional NSW.
How SIRA Assesses Daily Activity Damages
SIRA evaluates claims based on the Motor Accident Guidelines, which define injuries and impairment levels. For daily activities, claimants must demonstrate how the injury affects routine tasks like cooking, shopping, or personal care. SIRA considers:
- Medical evidence showing a connection between the injury and daily activity limitations
- Statements from healthcare providers about functional impairments
- Evidence of pre-accident activity levels versus current capabilities
For example, a claimant who can no longer work due to chronic pain may need to provide employment records and medical opinions linking the injury to their inability to perform work-related tasks.
Practical Steps for Regional Claimants
Claimants in Albury or other regional areas should:
- Document daily challenges in a journal, noting specific tasks affected by the injury
- Obtain medical records detailing how the injury impacts mobility, cognition, or other daily functions
- Submit a claim form through SIRA's online portal or by mail
- Request a review if the claim is denied, as SIRA allows appeals under the Motor Accident Injuries Act 2017
Regional claimants may face delays in accessing specialist services, so early engagement with a registered medical practitioner is crucial. SIRA also provides regional offices for assistance, though availability may vary.
Time Limits and Dispute Options
Claimants must notify SIRA of their intention to claim within 12 months of the accident, though this period may extend for complex cases. Weekly benefits are generally limited to 52 weeks for threshold injuries, but ongoing impairment claims may qualify for extended payments. Disputes over claim value can be resolved through SIRA's internal review process or by seeking independent medical assessments.
When to Seek Legal Advice
While SIRA handles most claims, legal representation may be beneficial for:
- Claims involving lifetime care needs or significant impairment
- Cases where the injury results in loss of income or caregiving responsibilities
- Disputes over the 52-week benefit cap or threshold injury classifications
Legal professionals can help navigate SIRA's complex guidelines and ensure all evidence is properly submitted.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.