Evidence and Records for CTP Claims Under the Civil Liability Act 2002
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you’ve been injured in a motor vehicle accident in NSW, understanding what evidence to keep and how to document it is critical to your claim under the Civil Liability Act 2002. This law governs compensation for injuries caused by others, and the evidence you retain will determine whether your claim meets the legal threshold for compensation.
What Evidence Is Required for CTP Claims?
Under the Civil Liability Act 2002, claimants must prove that the injury was caused by another party’s negligence or breach of duty. Key evidence includes:
- Medical records showing the nature and extent of your injuries, including diagnosis, treatment, and recovery progress.
- Accident reports from police or other authorities, detailing the circumstances of the collision.
- Witness statements from people who saw the accident or can confirm details.
- Photographs of the accident scene, vehicle damage, and any visible injuries.
- Medical practitioner notes confirming that your injuries are work-related or caused by the accident.
- Income records to support claims for lost wages or reduced earning capacity.
SIRA’s guidance aligns with these requirements, emphasizing that accurate and complete records are essential to demonstrate the connection between the accident and your injuries.
How to Document and Retain Evidence
To preserve your claim, keep all records in a secure, organized manner. For example, if you’re claiming for soft tissue injuries, ensure your medical records include documentation of neurological signs or spinal nerve-root injuries, as specified in the Motor Accident Guidelines. If your injuries are classified as threshold injuries, note that benefits may be limited after 52 weeks under the Motor Accident Injuries Act 2017.
Time Limits and When to Seek Advice
NSW law imposes strict time limits for CTP claims. You must notify the at-fault driver’s insurer within 52 weeks of the accident, and claims must be submitted within 52 weeks of the injury being confirmed. Delays can result in lost benefits or the claim being rejected. If you’re unsure whether your evidence meets the legal standard, seek legal advice promptly.
A Hypothetical Example
Consider a scenario where a pedestrian is hit by a car. Their medical records show soft tissue injuries, but the treating doctor does not specify neurological signs. In this case, the claimant may need additional evidence, such as a specialist’s opinion, to satisfy the Civil Liability Act’s requirement for proof of injury causation.
Next Steps
CTP claims depend on the specific facts of your case, including the date of the accident, the nature of your injuries, and the evidence you retain. To request contact about your circumstances, complete the quick, no obligation enquiry form.