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're an elderly pedestrian injured in a motor vehicle accident in New South Wales, understanding your rights under the Compulsory Third Party (CTP) scheme is critical. The first steps after an accident can significantly impact your ability to claim compensation. This article explains the NSW CTP rules that apply to elderly road users, outlines essential evidence to gather, and highlights time-sensitive actions to take. Whether you're seeking support for medical treatment, income loss, or long-term care, knowing the correct process ensures you meet legal requirements and protect your claim.
NSW CTP Rules for Elderly Pedestrians
Under the Motor Accident Injuries Act 2017 (MAIA), all NSW motor vehicle accidents are covered by the CTP scheme, regardless of fault. This means victims, including elderly pedestrians, are entitled to compensation for injuries caused by a motor vehicle. SIRA (State Insurance Regulatory Authority) manages these claims, and the process is designed to be accessible to all road users.
Elderly claimants may face unique challenges, such as pre-existing health conditions or mobility issues, which must be documented to establish the full extent of injuries. SIRA's guidelines emphasize that claims must demonstrate a direct link between the accident and the injury, and that medical evidence is essential. For example, if an elderly pedestrian suffers a soft-tissue injury, they must show it meets the 'threshold injury' definition under the MAIA, which includes specific neurological or musculoskeletal criteria.
Practical Steps and Evidence for Elderly Claimants
After an accident, the following steps are crucial:
- Seek immediate medical attention - Even minor injuries should be assessed by a medical practitioner, as delayed symptoms can develop. Keep all medical records, including reports from general practitioners, specialists, and physiotherapists.
- Document the accident scene - Take photographs of injuries, the vehicle, and the location. Note weather conditions, traffic signs, and any hazards that may have contributed to the incident.
- Report the incident - Contact the police if necessary, and notify the at-fault driver's insurance company. SIRA requires a completed claim form, which can be accessed through their website.
- Preserve evidence of income and care needs - If you're unable to work or require assistance with daily activities, provide evidence such as payslips, employment records, and care provider invoices. This supports claims for weekly income payments or treatment and care benefits.
Time Limits and When to Seek Advice
CTP claims in NSW have strict time limits. You must notify SIRA of your claim within 6 months of the accident, although this can be extended in some cases. Delays can jeopardize your ability to receive benefits, especially if your injuries require long-term treatment.
Disputes may arise if the claimant's injuries are not clearly linked to the accident, or if the claimant fails to meet the 'threshold injury' criteria. In such cases, seeking legal advice early is essential. A solicitor can help challenge incorrect assessments or ensure all evidence is properly submitted.
Example Scenario
Consider an elderly pedestrian who is struck by a car while crossing a busy road. They suffer a fractured wrist and bruised ribs. Their doctor documents the injuries and notes that the fall caused a temporary loss of mobility. The claimant submits medical records, a police report, and evidence of lost wages. SIRA approves the claim, covering medical expenses and a weekly income payment for 52 weeks. After this period, benefits are limited unless the claimant can prove a long-term impairment.
Next Steps
CTP entitlements depend on the accident date, injury severity, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.