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 on NSW roads may face unique challenges when preparing for CTP medical assessments. This article explains how to navigate the process, including how SIRA guidelines apply to Defence personnel claims and common issues faced during assessments on the Central Coast.
NSW CTP Rules for Defence Personnel Claims
Under the Motor Accident Injuries Act 2017, CTP claims in NSW are governed by statutory benefits and SIRA guidelines. For Defence personnel, additional considerations apply due to military-specific health conditions and service-related injuries. SIRA’s Motor Accident Claims page confirms that service members are entitled to the same CTP benefits as civilians, including weekly income payments and treatment benefits, provided they meet the threshold injury criteria.
Key legal distinctions include the spinal nerve-root qualification for soft-tissue injuries. A spinal nerve-root injury producing neurological signs other than radiculopathy may still qualify as a threshold injury, but radiculopathy requires specified clinical signs under the Motor Accident Guidelines. Defence personnel with service-connected injuries must ensure their medical assessments clearly document these criteria.
Preparing for CTP Medical Assessments
To prepare for a CTP medical assessment, Defence personnel should:
- Gather all medical records, including military health service documentation
- Obtain a detailed report from a registered medical practitioner
- Coordinate with the Defence Department to ensure service-related injuries are properly documented
- Understand the distinction between statutory benefits and common law damages (which are not available under CTP claims)
SIRA’s Making a Motor Accident Claim page outlines that assessments focus on injuries resulting from the accident, not pre-existing conditions. Defence personnel must ensure their claims clearly attribute injuries to the motor accident, not military duties or service-related incidents.
Common Challenges and Practical Steps
Military personnel often face challenges such as:
- Documenting injuries that may have occurred during or after service
- Navigating the interaction between CTP claims and Defence Department medical records
- Proving that injuries meet the threshold injury definition under the Motor Accident Guidelines
A practical example: A service member with a soft-tissue injury following a Central Coast motor accident must demonstrate spinal nerve-root involvement to qualify for weekly income payments. Medical assessments should include MRI scans and neurological testing to meet SIRA’s requirements.
Time Limits and When to Seek Advice
CTP claims must be notified to the insurer within 52 weeks of the accident, per the Motor Accident Injuries Act 2017 s 4.4. Defence personnel should seek legal advice if:
- Their injury worsens after the initial assessment
- They face disputes over the nature of their injuries
- They need to challenge a decision to limit benefits after 52 weeks
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.