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're a military personnel or civilian road user injured in a motor accident in NSW, understanding your Compulsory Third Party (CTP) compensation options is critical. This article explains the early steps to take after an accident involving defence personnel, how SIRA handles claims, and the evidence needed to support your case. The information focuses on NSW law and applies to injuries occurring on NSW roads, including incidents in Auburn.
NSW CTP Rules for Injured Road Users
Under the Motor Accident Injuries Act 2017, CTP insurance covers injuries caused by motor vehicles on NSW roads, regardless of fault. This includes accidents involving military personnel, civilians, pedestrians, cyclists, and motorcyclists. SIRA administers claims under this scheme, which provides benefits for injuries meeting the 'threshold injury' definition in the Motor Accident Guidelines.
Key rules include:
- No-fault coverage: CTP claims are available even if the injured person is at fault.
- Threshold injury: Injuries must meet specific clinical criteria, such as spinal nerve-root damage or radiculopathy, to qualify for benefits.
- 52-week limit: If your injuries are classified as threshold injuries, weekly benefits and treatment payments generally stop after 52 weeks.
Practical Steps After a Motor Accident
If you're injured in a road accident, take these immediate actions:
- Seek medical attention immediately, even for minor injuries. Document all medical records, as they are essential for determining injury severity.
- Report the accident to the police and obtain a report, especially if there are witnesses.
- Notify SIRA within 52 weeks of the accident. Delays may affect your ability to claim benefits.
- Preserve evidence: Collect photos of the scene, witness contact details, and any accident reports. These support your claim and help SIRA assess your case.
Documentation for CTP Claims
SIRA requires specific evidence to process your claim. Key documents include:
- Medical records showing your injuries and their connection to the accident.
- Accident report from the police or a witness statement.
- Proof of income if you're claiming weekly benefits.
- Evidence of treatment such as receipts for physiotherapy or medical consultations.
If your injury involves a military personnel, ensure your claim clearly links the accident to your condition. SIRA will assess whether your injuries meet the threshold injury criteria.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident. If your injuries are classified as threshold injuries, benefits stop after this period. For non-threshold injuries, benefits continue based on your impairment level.
If you dispute SIRA's decision, you can request a review or seek independent medical assessment. However, legal advice is recommended to navigate this process.
Example: A Military Personnel Claim
Consider a scenario where a soldier sustains a spinal nerve-root injury in a car accident. Medical records show neurological signs, qualifying the injury under the Motor Accident Guidelines. SIRA would assess the claim, considering the soldier's duty status and injury severity. Weekly benefits and treatment payments would apply until the injury stabilizes.
When to Seek Legal Advice
While this article provides general guidance, your specific circumstances may require legal review. For example, if your injury overlaps with workers' compensation or involves complex fault issues, a solicitor can help ensure your CTP claim is properly pursued.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your case, complete the quick, no obligation enquiry form. Every claim depends on its own facts.