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).
Military personnel injured in road accidents on NSW roads have specific early steps to pursue Compulsory Third Party (CTP) compensation. Under NSW law, CTP claims are no-fault, meaning the at-fault driver’s insurer pays benefits regardless of the injured person’s status. This article explains the initial process for military personnel injured on the Illawarra and South Coast, referencing SIRA guidelines and legal requirements.
Key CTP Rules for Military Personnel
NSW’s Motor Accident Injuries Act 2017 governs CTP claims. The scheme covers injuries from motor vehicle accidents, including soft-tissue injuries like whiplash, provided they meet the 'threshold injury' definition. For military personnel, the process is identical to civilian claims, but unique considerations may apply, such as service-related medical records or additional support from Defence authorities.
Early Steps for Injured Road Users
- Seek Immediate Medical Attention: Document all injuries and treatment. SIRA requires medical evidence to assess injury severity. For military personnel, ensure medical records include service-related factors if relevant.
- Preserve Accident Evidence: Collect details like police reports, witness statements, and photographs. SIRA emphasizes the importance of accident reports in determining fault and injury causation.
- Notify the At-Fault Driver’s Insurer: Contact the insurer within 52 weeks of the accident to claim benefits. Delays may reduce the likelihood of receiving weekly payments or treatment benefits.
- Use SIRA Resources: Visit SIRA’s motor accident claims page for step-by-step guidance. SIRA provides templates for claims forms and information on what injuries qualify.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident for weekly benefits. If injuries are below the threshold, benefits stop after 52 weeks, but treatment and care benefits may continue. For disputes, SIRA’s review process allows for reconsideration of injury assessments. If unresolved, the NSW Civil and Administrative Tribunal (NCAT) can review claims.
Hypothetical Example
A military personnel injured in a car accident on the Illawarra Highway must: (1) seek medical treatment, (2) report the accident to police, (3) notify the insurer within 52 weeks, and (4) submit a claim form via SIRA. If their injury meets the threshold, they may receive weekly payments and treatment coverage.
When to Seek Advice
While the CTP process is standardized, military personnel may have unique circumstances. For example, service-related injuries or interactions with Defence authorities could require tailored advice. Legal counsel can also assist with disputes over injury assessments or benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.