After a motor vehicle accident in NSW, injured road users must take specific steps to preserve their CTP claim following hospital discharge. The Motor Accident Injuries Act 2017 (MAIA) and SIRA guidelines outline essential actions to take within the first 52 weeks, including documenting medical needs, coordinating with insurers, and understanding treatment entitlements. This article explains the practical steps, legal requirements, and time-sensitive actions to take after leaving hospital.
Essential steps after hospital discharge
Injured road users must act quickly to protect their CTP claim. Key actions include:
- Notifying the at-fault driver's insurer within 52 weeks of the accident (s 3.28 MAIA) to start the claims process.
- Providing medical evidence of injuries, including discharge summaries, treatment records, and specialist reports, to support claims for treatment and care benefits.
- Coordinating with SIRA to arrange independent medical assessments if disputes arise over injury severity or treatment needs.
- Preserving accident-related evidence, such as police reports, witness statements, and photographs of vehicle damage, to support claims for weekly income payments or compensation for lost earnings.
Applying SIRA guidelines to discharge planning
SIRA's Motor Accident Claims page explains that injured road users must provide evidence of 'injuries' under the MAIA, which includes both physical and psychological harm. For example, a person with a soft tissue injury requiring physiotherapy must document their treatment plan and recovery timeline. SIRA's 'What you can claim' guide clarifies that weekly income payments are available for injuries preventing work, while treatment benefits cover medical expenses.
A practical example: A cyclist discharged after a broken wrist must submit a doctor's report confirming the injury's impact on mobility and provide evidence of lost wages if they cannot return to work. Failing to document these elements within 52 weeks may limit access to benefits.
Documentation and time limits
Under the MAIA, claims for treatment and care benefits must be made within 52 weeks of the accident. After this period, weekly payments are generally limited to injuries meeting the 'threshold injury' definition under the Motor Accident Guidelines. This means injuries requiring only physiotherapy or minor medical treatment may not qualify for ongoing financial support.
Injured road users should also be aware that disputes over injury severity must be resolved within 52 weeks. If an insurer challenges the need for ongoing treatment, SIRA's guidelines require independent medical assessments to determine whether the injury meets the threshold for benefits.
When to seek legal advice
While SIRA provides detailed guidance, injured road users should consult a solicitor if:
- They receive a 'no claim' letter from the insurer.
- Their injuries worsen after discharge, requiring additional treatment.
- They face disputes over the type or amount of benefits they can claim.
- They need assistance navigating the 52-week time limit for certain claims.
The MAIA does not provide a specific time limit for all claims, but delays can reduce the availability of benefits. Seeking legal advice early ensures injured road users understand their rights under the scheme.
Next steps for injured road users
Hospital discharge marks the beginning of the CTP claims process. By following SIRA's guidelines, preserving evidence, and acting within the 52-week window, injured road users can maximise their entitlements. For personalised advice on your specific circumstances, complete the quick, no obligation enquiry form.