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).
If you were injured in a collision at an intersection in New South Wales, documenting your injuries properly is essential to support your Compulsory Third Party (CTP) claim. This guide explains the evidence you need, how to organise your records, and common mistakes to avoid. NSW CTP rules cover injuries from motor vehicle accidents, including those at intersections, but the specifics depend on the accident date, injury type, and claim timeline.
What Evidence Is Needed for Intersection Accident Claims?
To prove your injuries under NSW CTP rules, you must provide clear evidence of the accident, your injuries, and their connection to the collision. Key documents include:
- Medical records: Detailed reports from doctors, physiotherapists, or specialists confirming your injuries. For soft tissue injuries (threshold injuries), ensure your medical team notes neurological signs or radiculopathy as defined in the Motor Accident Guidelines.
- Accident report: Obtain a police report if available, as it establishes the circumstances of the collision. If no police report exists, keep a written account of the incident.
- Witness statements: Statements from witnesses can corroborate your version of events, especially if the accident occurred at a complex intersection.
- Photographs and videos: Document the scene, vehicle damage, and your injuries (e.g., bruises, cuts). Avoid altering the scene or removing evidence.
- Medical treatment records: Keep receipts and records of all treatments, including physiotherapy sessions, medications, and specialist consultations.
- Income and employment records: If your injury affects your ability to work, provide payslips, tax returns, or employer statements.
How to Organise Your Documentation
Systematically arrange your evidence to show a clear timeline of events and injuries. Create a file with the following sections:
- Accident details: Date, time, location, and a summary of what happened.
- Medical evidence: Organise reports, imaging results, and treatment plans by date.
- Witness and police records: Store copies of statements, reports, and correspondence.
- Financial records: Include medical bills, lost wages, and any other costs.
- Insurance correspondence: Save all communications with your insurer, including claim forms and responses.
Common Mistakes to Avoid
- Delaying medical attention: Failing to seek treatment promptly may weaken your claim, as injuries must be documented within the statutory time limits.
- Not preserving evidence: Discarding accident scene photos or medical records can jeopardise your case.
- Ignoring time limits: NSW CTP claims must be submitted within 52 weeks of the accident, though extensions may apply in exceptional circumstances.
- Failing to note injury details: Ensure your medical team records symptoms like pain, mobility issues, or neurological signs that align with the Motor Accident Guidelines.
Disputes and When to Seek Advice
If your claim is disputed, the insurer may challenge the extent of your injuries or the link to the accident. Under the Motor Accident Injuries Act 2017, you may need to undergo a medical assessment to determine your 'whole person impairment' if seeking damages. Always consult a legal professional if your claim is rejected or if you face a dispute over your injury's severity.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.