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 were injured in a motor accident caused by a driver who was intoxicated, you may be entitled to compensation under New South Wales' Compulsory Third Party (CTP) insurance scheme. This claim is not dependent on proving fault in the same way as a common law damages claim, but you must still provide evidence that the driver was impaired and that your injuries resulted from the accident. In Bankstown and across NSW, the Motor Accident Injuries Act 2017 governs the process for making a claim, including what evidence and records are essential to support your case.
The CTP scheme provides statutory benefits such as treatment and care, weekly income payments, and, in some cases, damages. However, to access these benefits, you must demonstrate that the accident occurred, that the other driver was under the influence of alcohol or drugs, and that your injuries were caused by the impact. The burden of proof lies with you, so preserving evidence from the moment of the accident is critical.
Immediate steps after a drunk driver accident include seeking medical attention, reporting the incident to police, and gathering information at the scene. You should record the time, weather, road conditions, and any visible damage to vehicles. If there were witnesses, collect their names and contact details. Take photographs of the vehicles, road markings, traffic signs, and any visible injuries. These records may later be used to confirm the circumstances of the accident and to support a claim for compensation.
Medical evidence is central to any CTP claim. You must keep all records related to your injuries, including medical reports, diagnostic imaging (such as X-rays or MRI scans), prescriptions, and records of treatment received. If you have been assessed for a whole person impairment (WPI), ensure that the assessment is conducted by a qualified medical practitioner under the Motor Accident Guidelines. For claims involving a driver under the influence, the presence of alcohol or drugs may be established through a police report, breath test results, or a forensic toxicology report. These documents are not only relevant to criminal proceedings but may also be used to establish liability and the nature of the accident.
If you were a pedestrian, cyclist, or passenger, the same evidence standards apply. For example, if you were struck by a vehicle driven by an intoxicated person while crossing a road in Bankstown, photographs of the crossing point, traffic light timing, and your clothing or personal items at the scene may help demonstrate the sequence of events. Similarly, if you were a passenger and the driver was intoxicated, your account of the incident, supported by witness statements or dashcam footage, may be crucial.
Time limits apply. You must notify your insurer within 6 months of the accident, or within 12 months if you are claiming for damages. Failure to meet this deadline may prevent you from making a claim. Additionally, if you are claiming for damages, you must have a threshold injury as defined in the Motor Accident Injuries Act 2017. This includes injuries such as a spinal nerve-root injury with neurological signs, or a permanent impairment of at least 10% to a body part. A diagnosis of radiculopathy alone does not qualify unless it meets the clinical criteria outlined in the Motor Accident Guidelines.
In some cases, a claim may be made against a Nominal Defendant if the driver responsible cannot be identified or if the vehicle was unregistered. However, this does not change the requirement to provide evidence of the accident, the driver’s impairment, and the resulting injuries. The SIRA (State Insurance Regulatory Authority) provides a claims process that includes a formal application, medical assessment, and review of evidence. If your claim is denied, you may request a review or apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision.
A hypothetical example: A pedestrian in Bankstown was struck by a car at a crosswalk at 9:15 PM. The driver was found to have a blood alcohol level of 0.12, above the legal limit. The pedestrian sustained a fractured wrist and a concussion. The injured person took photographs of the scene, obtained witness statements, and retained all medical records, including a WPI assessment. These records were submitted to the insurer and supported a successful claim for treatment and care benefits and weekly income payments.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.