Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Military personnel injured in motor accidents on NSW roads must preserve specific evidence to support their Compulsory Third Party (CTP) claims. Under NSW law, the State Insurance Regulatory Authority (SIRA) administers CTP claims, and evidence must align with the Motor Accident Injuries Act 2017 and Motor Accident Guidelines. This article explains what records to keep, how to maintain them, and key considerations for Central Coast claimants.
NSW CTP Rules for Military Personnel
CTP claims in NSW are governed by the Motor Accident Injuries Act 2017, which outlines benefits for injuries caused by motor vehicle accidents. Military personnel are treated the same as civilians under these rules. SIRA’s guidelines emphasize that evidence must demonstrate a direct link between the accident and the injury. For example, medical records must explicitly connect the injury to the accident, regardless of the claimant’s service status.
Practical Steps and Evidence to Preserve
To support a CTP claim, military personnel should collect the following:
- Medical records: Detailed documentation of injuries, treatments, and recovery progress. This includes specialist reports, imaging results, and notes from physiotherapists.
- Accident reports: Police reports, witness statements, and photographs of the scene. These establish the circumstances of the accident.
- Income records: Proof of lost wages or reduced earning capacity, especially if the injury affects duty performance.
- Vehicle details: Information about the vehicle involved, including registration and any mechanical issues.
A hypothetical example: A soldier injured in a Central Coast car park after a collision with a truck would need to provide medical evidence linking the injury to the accident, as well as police reports confirming the collision.
Time Limits and Dispute Resolution
CTP claims must be notified to SIRA within 52 weeks of the accident. After this period, benefits for threshold injuries (e.g., soft tissue injuries) are generally limited, though long-term impairments may qualify for ongoing support. Disputes over claim validity or benefit amounts can be escalated to the NSW Civil and Administrative Tribunal (NCAT), which has specific procedures for motor accident claims.
When to Seek Legal Advice
Military personnel should consult a solicitor if their claim is denied, if benefits are disputed, or if they face challenges with medical evidence. Legal advice is also recommended if the injury involves complex issues like pre-existing conditions or career impact.
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