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).
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).
The Civil Liability Act 2002 governs how damages are calculated in NSW motor accident claims, including treatment and rehabilitation planning. This article explains how the Act applies to claims under the Compulsory Third Party (CTP) scheme, how rehabilitation planning is handled, and what injured claimants need to know about their rights and obligations.
How the Civil Liability Act 2002 Applies to CTP Claims
The Civil Liability Act 2002 defines the legal duties of drivers and the standards of care they must meet. If a driver breaches this duty, they may be legally responsible for injuries caused to others. In NSW, the CTP scheme ensures injured parties receive compensation for treatment, rehabilitation, and other losses, regardless of fault. The Act also outlines how damages are calculated, including the need to consider a claimant’s future needs and the impact of injuries on their quality of life.
SIRA (State Insurance Regulatory Authority) provides guidance on how claims are processed under the CTP scheme. For example, SIRA’s guidelines state that rehabilitation planning must be based on a medical practitioner’s assessment of a claimant’s condition and future needs. This ensures that treatment and rehabilitation plans are tailored to the individual’s injury and recovery process.
Practical Steps for Rehabilitation Planning
Injured claimants should work closely with their treating medical practitioners to document their treatment plan. This includes details of therapies, medications, and any modifications needed for daily activities. SIRA’s guidelines also require claimants to provide evidence of their injury’s impact, such as medical reports, work records, and statements from healthcare professionals.
For example, if a claimant requires ongoing physiotherapy, their medical records should show how this treatment addresses their specific injuries and supports long-term recovery. Claimants should also keep records of all communication with insurers, as delays or disputes over rehabilitation plans can affect compensation.
Time Limits and Dispute Resolution
The Civil Liability Act 2002 sets strict time limits for claims. Injured claimants must notify their insurer of an accident within 28 days, and claims must be settled within 52 weeks unless a longer period is approved. If a claimant’s injuries are classified as a 'threshold injury' (under the Motor Accident Injuries Act 2017), benefits may be limited after 52 weeks.
Disputes over rehabilitation plans or compensation amounts can be resolved through SIRA’s dispute resolution process. Claimants should seek legal advice if they believe their insurer is not complying with the Act or SIRA’s guidelines.
When to Seek Legal Advice
The Civil Liability Act 2002 and SIRA’s guidelines are complex, and claimants may need legal assistance to ensure their rights are protected. A solicitor can help with tasks such as:
- Ensuring rehabilitation plans are properly documented
- Negotiating fair compensation for long-term injuries
- Addressing disputes over claim timelines or benefits
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.