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 dealing with a compensation dispute after a fatal motor accident in NSW, understanding your options is critical. Under the Motor Accident Injuries Act 2017, disputes over compensation for fatal accidents are resolved through a structured process managed by the State Insurance Regulatory Authority (SIRA). This article explains how to challenge a compensation decision, the evidence that matters, and the time limits you must adhere to. Whether you're a dependant seeking financial support or a claimant disputing a settlement, knowing the right steps can make a difference.
How SIRA Handles Compensation Disputes
SIRA oversees all motor accident claims in NSW, including fatal accidents. If you disagree with a compensation decision, you must first submit a written objection to SIRA within 28 days of receiving the decision. This objection must clearly state the grounds for dispute, such as an alleged error in calculating benefits or a failure to consider relevant evidence.
SIRA will review your objection and may request additional information, including medical records, accident reports, or witness statements. If the dispute involves a medical assessment of the deceased’s injuries, SIRA may refer the matter to the Personal Injury Commission (PIC) for a second opinion. The PIC’s medical experts will evaluate whether the injury meets the threshold for compensation under the Motor Accident Guidelines.
Practical Steps to Resolve a Compensation Dispute
To build a strong case, gather all relevant evidence. This includes:
- Medical records confirming the deceased’s injuries and their impact
- Police reports or accident statements
- Witness contact details and statements
- Financial records showing the dependants’ reliance on the deceased’s income
- Correspondence with SIRA or the insurer
If SIRA’s initial decision is unsatisfactory, you may escalate the matter to the NSW Civil and Administrative Tribunal (NCAT) within 12 months of the decision. NCAT can review the case and order a new assessment if there are legal errors or new evidence.
Time Limits and Dispute Options
There are strict time limits for challenging compensation decisions. You must submit an objection to SIRA within 28 days of the decision. If you fail to act within this period, you may lose the right to dispute the outcome. For disputes involving the deceased’s dependants, the 28-day rule applies to the date SIRA issues its final decision.
If SIRA or NCAT denies your claim, you may also seek a review of the legal reasoning through the NSW Supreme Court. However, courts typically only intervene if there is a clear legal error, such as a misinterpretation of the Motor Accident Injuries Act 2017.
Example: Challenging a Threshold Injury Decision
Consider a case where a family disputes SIRA’s decision that the deceased’s injuries were below the threshold for compensation. The family provides medical evidence showing the deceased suffered a spinal nerve-root injury with neurological signs, meeting the criteria in the Motor Accident Guidelines. SIRA’s initial assessment may have overlooked these details, but the family’s objection prompts a reassessment. This example highlights how thorough evidence can change the outcome.
When to Seek Legal Advice
Disputes over fatal accident compensation are complex. SIRA’s processes can be technical, and the legal rules around threshold injuries and dependant support are nuanced. If you’re unsure whether you have a valid objection or need help preparing your case, contact a solicitor specialising in CTP claims. Legal advice can help you understand your options and ensure your objection is properly framed.
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