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).
After a fatal motor accident in New South Wales, dependants of the injured person may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains the early steps to take, how the State Insurance Regulatory Authority (SIRA) handles claims, and what evidence is needed to support a claim in regional NSW. If you’ve been injured in a fatal accident, understanding these steps can help you navigate the process effectively.
Key Legal Framework for Fatal Motor Accident Claims
In NSW, fatal motor accidents are governed by the Motor Accident Injuries Act 2017 and administered by SIRA. Under this scheme, compensation is available for dependants of injured road users who suffer a death or serious injury. The CTP scheme covers claims for:
- Loss of income for the injured person
- Medical expenses
- Care and support costs
- Compensation for dependants
SIRA manages claims under the CTP scheme, ensuring injured road users and their families receive support. For fatal accidents, dependants may also be eligible for additional benefits, including weekly payments for loss of income and lump sum compensation for the loss of future earnings.
Practical Steps After a Fatal Motor Accident
If you’ve been injured in a fatal motor accident, take the following steps immediately:
- Seek medical attention - Even if injuries appear minor, consult a medical practitioner to document any symptoms. Some injuries, like spinal nerve-root damage, may not show immediate signs.
- Preserve accident details - Gather evidence such as police reports, witness statements, and photographs of the scene. In regional NSW, access to these records may take longer due to limited local services.
- Notify SIRA - Contact SIRA directly to report the accident and begin the claims process. SIRA provides a dedicated claims portal for injured road users.
- Keep records of income and expenses - Document your current income, medical bills, and any out-of-pocket costs related to the injury. This evidence supports claims for weekly payments and care costs.
Evidence Needed for a Fatal Accident Claim
SIRA requires specific evidence to assess claims for fatal motor accidents. Key documents include:
- Medical records - From the first consultation to ongoing treatment, these records prove the nature and severity of injuries.
- Accident reports - Police reports or statements from emergency services confirm the incident details.
- Witness statements - Statements from people who saw the accident can support claims about fault or injury severity.
- Financial records - Proof of income, medical bills, and care costs helps determine the value of claims.
In regional NSW, delays in accessing these records may occur. For example, if a cyclist is injured in a car park with limited access to local clinics, they may need to travel further for medical attention, which can affect the timing of evidence collection.
Time Limits and Dispute Resolution
Claims under the CTP scheme must be initiated within a specific timeframe. While the exact deadline depends on the accident date, SIRA generally requires claims to be submitted within a reasonable time after the injury. For fatal accidents, dependants should act quickly to ensure all evidence is preserved.
If a claim is disputed, SIRA provides a formal review process. In some cases, injured road users may need to seek independent legal advice to challenge a decision. For example, if SIRA denies a claim for loss of income due to a threshold injury, the injured person may need to provide additional medical evidence to prove the injury’s severity.
When to Seek Legal Advice
While SIRA handles most claims, legal advice may be necessary for complex cases. A solicitor can help with:
- Negotiating with SIRA to ensure fair compensation
- Challenging decisions that deny or limit benefits
- Understanding the impact of contributory fault on claims
In regional NSW, legal assistance may be harder to access. However, SIRA provides a list of approved legal practitioners who can assist with claims. If you’re unsure whether your claim is valid, contact SIRA or a local legal service for guidance.
Example: A Cyclist’s Claim in Regional NSW
Consider a cyclist injured in a car park in regional NSW. After the accident, they seek medical attention but are told they have a soft-tissue injury. SIRA assesses the claim and determines the injury meets the threshold for benefits. However, the cyclist’s dependants may need to provide additional evidence, such as a medical report confirming the injury’s impact on their ability to work, to qualify for weekly payments.
This example highlights how regional factors, like access to medical services, can affect the claims process. It also shows why it’s crucial to act quickly and gather all relevant evidence.
Next Steps for Injured Road Users
If you’ve been injured in a fatal motor accident, take the following actions:
- Contact SIRA to report the accident and begin the claims process.
- Gather all medical and accident-related evidence.
- Keep records of income and expenses.
- Seek legal advice if your claim is denied or disputed.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.