How the Civil Liability Act 2002 Assesses Daily Activity Damages in Bega NSW
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 been injured in a motor accident in Bega and are struggling to return to daily activities, the Civil Liability Act 2002 determines how your injuries are valued for compensation. Under NSW CTP rules, your claim must show how the accident caused a loss of capacity to perform everyday tasks like cooking, shopping or personal care. This article explains how the Act assesses such impairments and what evidence matters.
NSW CTP Rules Behind Daily Activity Claims
The Motor Accident Injuries Act 2017 sets the framework for CTP claims, but the Civil Liability Act 2002 governs how injuries are valued for damages. For daily activity impairments, the key is proving a direct link between the accident and your reduced capacity. SIRA’s guidelines state that claims must demonstrate:
- A medical opinion confirming the injury’s impact on daily activities
- Evidence of pre-accident functionality (e.g., work records, family care logs)
- A connection between the injury and the loss of capacity
SIRA assesses whether the injury meets the 'threshold injury' criteria under the Motor Accident Guidelines. If your injury is below this threshold, you may still claim for daily activity impairments under the Civil Liability Act, provided you can show a clear loss of function.
Practical Steps and Evidence for Daily Activity Claims
To support your claim, gather:
- Medical records showing how the injury affects daily tasks
- Witness statements about your pre-accident activity level
- Photos of the accident scene or vehicle damage
- Income records to show lost earnings from reduced capacity
- A detailed diary of daily challenges post-accident
Your solicitor will need these to apply the Civil Liability Act’s 'loss of capacity' test. For example, if you can no longer prepare meals due to hand injuries, this directly impacts your ability to manage household tasks.
Time Limits and Dispute Resolution
You have 3 years from the accident date to file a CTP claim under the Civil Liability Act. Delays can reduce your ability to prove capacity loss, as evidence may degrade over time. If SIRA disputes your claim, you may need to:
- Request a medical review to clarify your injury’s impact
- Submit additional evidence of daily activity limitations
- Seek legal review of SIRA’s assessment
When to Seek Legal Advice
If your injury prevents you from performing routine tasks like bathing, dressing or grocery shopping, you may be entitled to damages under the Civil Liability Act. However, claims for daily activity impairments are complex and require:
- A clear medical diagnosis of functional loss
- Proof that the injury caused the loss
- Evidence of pre-accident functionality
Contact a legal professional to assess whether your case meets these criteria. Every claim depends on its own facts.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.