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).
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, gathering the right evidence is critical to support your compensation claim under the NSW Compulsory Third Party (CTP) scheme. This article explains what records to keep, how to document your case, and how SIRA's guidelines apply to claims involving intoxicated drivers. Time limits and dispute resolution options are also outlined.
What Evidence Supports a Drunk Driver Claim?
Under the Motor Accident Injuries Act 2017, victims must prove the accident occurred and that injuries were caused by the driver's intoxication. Key evidence includes:
- Medical records showing injuries, treatment, and how they relate to the accident.
- Accident reports from police or witnesses detailing the driver's behavior (e.g., slurred speech, swerving).
- Witness statements from people who saw the driver impaired or the collision.
- Photographs of the scene, vehicle damage, and injuries.
- Police reports confirming the driver was under the influence.
- Medical opinions linking injuries to the accident, especially for soft-tissue injuries (see SIRA's threshold injury guidelines).
How to Document and Preserve Records
Victims should:
- Secure medical records immediately after treatment, as delays may affect benefit eligibility.
- Collect accident details like time, location, vehicle registration numbers, and road conditions.
- Keep all correspondence with insurers, including claims forms and responses.
- Record witness contact details for follow-up.
- Store digital copies of documents in a secure location, as SIRA requires evidence to be submitted within 3 years of the accident.
SIRA Guidelines for Drunk Driver Claims
SIRA's Motor Accident Guidelines clarify that injuries must be 'caused by the accident' to qualify. For intoxicated drivers, this includes:
- Threshold injuries (e.g., whiplash) that meet SIRA's spinal nerve-root criteria.
- Long-term impairments requiring ongoing treatment.
- Income loss from time off work due to injuries.
Time Limits and Dispute Resolution
Claims must be submitted within 3 years of the accident. If benefits are denied after 52 weeks, victims may need to:
- Appeal the decision through SIRA's internal review process.
- Seek legal advice if disputes arise over injury severity or fault.
When to Seek Independent Advice
While SIRA handles most claims, complex cases involving:
- Blameless accidents (where the driver was not at fault).
- Multiple injuries requiring specialist assessments.
- Disputes over impairment (e.g., whole person impairment ratings).
may require a solicitor to navigate legal nuances. Always check if your claim falls within the 3-year time limit.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.