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 motor accidents across New South Wales should take immediate, practical steps to protect their rights under the state’s Compulsory Third Party (CTP) insurance scheme. The process is the same for service members as for civilian road users: act promptly, preserve evidence, and notify the appropriate insurer. The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those involving defence personnel. There is no special legal pathway for military personnel, but their service status may affect how they access medical treatment, record keeping, or claim coordination through Defence Health or service support networks.
The first step is to seek medical attention, even if injuries appear minor. Delaying treatment may affect the assessment of injury severity and entitlement to benefits. All medical treatment related to the accident must be documented and recorded by a registered medical practitioner. This includes initial assessments, follow-up appointments, imaging, and rehabilitation. Medical records are critical evidence for establishing injury, treatment needs, and any impact on capacity to work.
Next, notify the insurer of the vehicle at fault. This is usually the insurer listed on the green slip (CTP insurance certificate) for the vehicle involved. The claim must be made within the time limits set by law. While there is no fixed deadline for notifying the insurer, delays may affect the ability to claim for future damages. It is advisable to notify as soon as possible after the accident.
Preserve physical evidence: take photographs of the accident scene, vehicle damage, road conditions, and any visible injuries. Collect contact details of witnesses and obtain a copy of the police report if one was filed. These materials help establish the circumstances of the accident and support claims for treatment and care benefits, weekly income payments, or damages.
Under the MAIA, injured persons may claim for treatment and care benefits, weekly income payments, and, if eligible, damages. The right to claim damages depends on whether the injury meets the threshold for a serious injury. This includes injuries that result in a permanent impairment of at least 10% of the whole person, or injuries that are severe and long-lasting, such as a spinal nerve-root injury with neurological signs other than radiculopathy. A diagnosis of radiculopathy requires specific clinical signs as defined in the Motor Accident Guidelines.
For military personnel, the claim process may involve coordination with Defence Health or the Defence Injury Management Service. However, this does not alter the legal framework under which the CTP claim is made. The CTP insurer is responsible for assessing and paying benefits under the MAIA, regardless of the claimant’s employment status.
A common oversight is failing to record all time off work due to injury. If a service member is unable to perform duties, they should document the absence and seek a medical certificate. This supports a claim for weekly income payments, which are available for up to 52 weeks if the injury is a threshold injury and no other serious injury is present. After 52 weeks, entitlements to weekly payments and treatment and care benefits may cease unless the injury is assessed as serious.
If the claim is disputed, the injured person may request a review from the insurer or apply to the State Insurance Regulatory Authority (SIRA) for a determination. Disputes often relate to the nature or extent of injury, the value of damages, or the timing of benefit payments. SIRA provides guidance on the review process and may mediate disputes.
Example: A soldier was injured in a car accident while on leave in Sydney. They sought medical treatment within 48 hours, obtained a police report, took photos of the vehicle damage, and notified the insurer within a week. Their injury was diagnosed as a soft-tissue neck injury with neurological signs. They received treatment and care benefits and were assessed as eligible for damages because the injury met the threshold criteria under the Motor Accident Guidelines.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.