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've been injured in a motor accident caused by a distracted driver in NSW, understanding your CTP compensation options is critical. Under the Motor Accident Injuries Act 2017 (MAIA), claims for injuries caused by mobile phone use or inattention are assessed based on medical evidence, accident circumstances, and SIRA guidelines. This article explains how NSW CTP insurers evaluate distracted driving claims, what evidence matters, and practical steps for Albury residents.
How SIRA Assesses Distracted Driving Claims
SIRA evaluates claims by determining whether the injury meets the 'threshold injury' definition under the Motor Accident Guidelines. For example, a driver using a mobile phone while driving may be deemed 'distracted, ' but the injury must result in a qualifying impairment. SIRA considers clinical signs like neurological symptoms or radiculopathy (nerve-related pain) to assess whether the injury falls within the soft-tissue category. If the injury is below the threshold, benefits may be limited after 52 weeks under s 4.4 of the MAIA.
Evidence Required for a Distracted Driving Claim
To support your claim, you must provide:
- Medical records showing the injury's connection to the accident
- Police reports or accident statements documenting the distraction (e.g., phone use)
- Witness statements or camera footage proving the driver's inattention
- Proof of income to claim weekly benefits if your injury affects your earning capacity
In Albury, local police and SIRA offices handle these claims, so ensure your evidence aligns with NSW CTP procedures.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly benefits for threshold injuries. If your injury exceeds the threshold, benefits may continue beyond this period. Insurers may dispute claims by challenging the injury's connection to the distraction or disputing the impairment rating. If your claim is denied, you may request a review through SIRA or seek legal advice to challenge the decision.
Practical Example: Distracted Driving Scenario
Imagine a driver on a mobile phone collides with a car at a car park in Albury. The passenger sustains a soft-tissue injury with no neurological signs. SIRA would assess whether the injury meets the threshold definition. If it does, the passenger could claim weekly benefits and treatment costs. However, if the injury is below the threshold, benefits would stop after 52 weeks.
When to Seek Legal Advice
Consult a solicitor if your claim is denied, your injury exceeds the threshold, or your insurer disputes liability. Legal advice can help challenge decisions or negotiate a better outcome. Remember, every claim depends on its own facts.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.