CRPS Claims After Road Trauma: Time Limits Under NSW CTP Laws
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 suffered chronic regional pain syndrome (CRPS) following a road trauma in New South Wales, you may be wondering about the time limits for making a CTP claim. Under NSW law, the time to claim compensation for injuries like CRPS is governed by the Motor Accident Injuries Act 2017 (MAIA) and the rules of the State Insurance Regulatory Authority (SIRA). This article explains the time limits, how they apply to CRPS claims, and what you need to know to meet them.
Time Limits for CTP Claims in NSW
Under the MAIA, there is a strict time limit of two years from the date of the accident to make a CTP claim. This applies to all motor vehicle accidents in NSW, including those resulting in injuries like CRPS. However, the two-year period starts from the date of the accident, not the date of diagnosis of a condition like CRPS.
If you were injured in a road trauma on 1 January 2025, you would have until 31 December 2027 to make a CTP claim. This means you must notify the at-fault driver’s insurer of your claim within this timeframe. Failure to do so may result in your claim being rejected, as the insurer may argue the claim is out of time.
How CRPS Claims Differ from Other CTP Claims
CRPS is a complex condition that can develop after a road trauma, even if the initial injury appears minor. Under the SIRA guidelines, CRPS is considered a threshold injury, which means it falls within the scope of the CTP scheme. However, the time limits for CRPS claims are the same as for other injuries, you must make your claim within two years of the accident.
The clock continues to run, and you must submit your claim before the deadline. If you are unsure whether you have met the time limit, you should seek legal advice as soon as possible.
Practical Steps to Meet CTP Claim Deadlines
To ensure your CRPS claim is processed in time, you should take the following steps:
- Notify the at-fault driver’s insurer as soon as possible after the accident.
- Seek medical attention immediately to document your injuries and the development of CRPS.
- Keep records of all medical records, accident reports, and witness statements.
- Submit your claim in writing to the insurer, including details of your injuries and the impact of CRPS on your daily life.
- Follow up with the insurer to ensure your claim is being processed.
When to Seek Legal Advice
If you are unsure whether you have met the two-year time limit for your CRPS claim, or if you are facing a dispute with the insurer, it is important to seek legal advice as soon as possible. A solicitor can help you understand your options and ensure your claim is submitted in time.
Conclusion
Time limits for CTP claims in NSW are strict, and you must act quickly if you have suffered a condition like CRPS following a road trauma. If you are unsure whether you have met the time limit, or if you are facing a dispute with the insurer, you should seek legal advice as soon as possible. Every claim depends on its own facts, and the time limits may vary depending on the circumstances of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.