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 by a drunk driver in New South Wales, understanding your rights under the Compulsory Third Party (CTP) scheme is critical. The Motor Accident Injuries Act 2017 (MAIA) governs claims for injuries caused by alcohol-impaired drivers, regardless of fault. This article explains immediate actions to take, evidence to preserve, and how the NSW CTP system handles claims involving intoxicated drivers.
Immediate Actions After a Drunk Driver Accident
Victims of alcohol-related road accidents must act quickly to protect their claim. First, seek medical attention immediately, even if injuries seem minor. Delayed treatment can affect compensation eligibility. Next, report the accident to the police and obtain a police report, as this serves as official documentation of the incident.
Preserve all evidence related to the accident, including:
- Photographs of injuries and vehicle damage
- Witness contact details
- Accident scene photos
- Police report copies
- Medical records from emergency treatment
Notify your insurer or the at-fault driver's insurer within 52 weeks of the accident. While there's no strict deadline for reporting, delays may reduce the chances of receiving benefits for threshold injuries (see below).
How NSW CTP Handles Drunk Driver Claims
Under the MAIA, claims against intoxicated drivers fall under the same CTP scheme as other road accidents. This means victims can claim:
- Treatment and care benefits
- Weekly income payments
- Compensation for permanent impairments
However, the scheme does not cover general damages for pain and suffering unless the injury meets the 'whole person impairment' threshold. For example, a pedestrian hit by a drunk driver with a broken leg may receive weekly payments for 52 weeks, but claims for long-term pain would require a medical report showing a permanent impairment.
Critical Evidence for Proving a Drunk Driver Claim
To support your claim, you must prove:
- The accident occurred due to the driver's intoxication
- You suffered injuries as a result
- The injuries meet the CTP scheme's definition of a 'threshold injury' or 'whole person impairment'
Key evidence includes:
- Police reports confirming the driver's blood alcohol level
- Medical records linking injuries to the accident
- Witness statements about the driver's behavior
- Any documentation of pre-existing injuries to establish a new injury
A hypothetical example: A cyclist hit by a drunk driver with a fractured wrist would need medical records showing the fracture was caused by the collision, not a pre-existing condition. The driver's blood alcohol level recorded by police would also be essential.
Time Limits and When to Seek Advice
The 52-week time limit applies only to 'only injuries' claims where the accident caused no permanent impairment. If your injuries meet the whole person impairment threshold, you may still claim compensation beyond 52 weeks. However, claims must be submitted within 52 weeks of the accident to receive weekly income payments.
Disputes over claim validity or benefit amounts are common. If your insurer denies your claim or offers an unsatisfactory settlement, seek legal advice promptly. A solicitor can help challenge decisions or negotiate a fair outcome.
Next Steps for Injured Road Users
The NSW CTP scheme provides essential support for victims of alcohol-related road accidents, but the process requires careful attention to deadlines and evidence. If you're unsure whether your claim qualifies or need guidance on next steps, contact a legal professional. Every claim depends on its own facts.
To request contact about your circumstances, complete the quick, no obligation enquiry form.