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 withdraw a Compulsory Third Party (CTP) claim in New South Wales, it may affect your access to benefits like weekly payments or treatment costs. This article explains the legal implications of withdrawing a claim, practical steps to take in regional NSW, and how SIRA handles such situations.
What Happens When You Withdraw a CTP Claim?
Withdrawing a CTP claim means you no longer seek benefits under the Motor Accident Injuries Act 2017. While SIRA does not explicitly outline withdrawal procedures, its guidelines state claims must be made within 52 weeks of injury (s 3.28). If you withdraw your claim, you may lose access to statutory benefits like weekly income payments or treatment costs. However, you can reapply if your injury worsens or new evidence emerges.
Early Steps for Injured Road Users in Regional NSW
In regional areas, accessing legal support or SIRA offices may take longer. Take these steps immediately after an accident:
- Seek medical attention - Document all treatment records, as they determine your injury type (threshold injury or whole person impairment).
- Report the accident - Contact SIRA within 52 weeks to start your claim. Use their online form or contact their regional office.
- Preserve evidence - Save accident reports, witness details, and photos. These are critical if you later reapply.
- Notify your insurer - If you have private insurance, inform them of the accident to avoid coverage disputes.
How SIRA Handles Claim Withdrawals
SIRA manages CTP claims under the Motor Accident Injuries Act 2017. If you withdraw your claim, you must inform SIRA in writing. While there is no formal process for withdrawal, you can reapply if your circumstances change. SIRA may require a new claim form and updated medical evidence.
Legal Protections for Regional Injured Road Users
In regional NSW, injured road users may face delays in accessing legal advice. Always:
- Check SIRA’s regional office hours - Some offices have limited hours, so plan your visit accordingly.
- Use the CTP claim form - Available on SIRA’s website, this form is the official way to start a claim.
- Seek independent legal advice - A solicitor can assess whether your claim meets the threshold injury criteria or if you qualify for common law damages.
When to Seek Legal Advice
If your claim is withdrawn and you later want to reapply, consult a solicitor to:
- Assess whether your injury meets the threshold injury definition (spinal nerve-root injury with neurological signs).
- Determine if you qualify for common law damages if your injury worsens.
- Navigate SIRA’s reapplication process.
Example Scenario
Imagine a cyclist in regional NSW who withdraws their CTP claim after a minor accident. Six months later, they experience chronic pain and reapply. SIRA may require new medical evidence to reassess their injury. A solicitor can help ensure all documentation meets the threshold injury criteria.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.