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've suffered a knee injury in a motor accident in NSW, preserving the right evidence is critical to support your claim. Knee injuries, such as ligament tears or joint damage, are common in car crashes and may qualify for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains what medical, accident and claim-related records to keep, based on SIRA guidelines, to strengthen your case.
What Evidence Proves a Knee Injury in a CTP Claim?
Under the Motor Accident Injuries Act 2017, claimants must demonstrate a connection between the accident and their injury. For knee injuries, key evidence includes:
- Medical records showing diagnosis, treatment and recovery progress. This includes imaging (X-rays, MRIs) and notes from orthopaedic specialists.
- Accident reports from police or insurance companies detailing the collision's circumstances.
- Witness statements confirming the accident's location, speed and any visible injuries.
- Photographs of the injury site, vehicle damage and any visible swelling or bruising.
- Medical opinion linking the injury to the accident, such as a doctor's statement about reduced mobility or pain.
How to Document Recovery for Knee Injuries Under SIRA Guidelines
SIRA's Motor Accident Guidelines require claimants to show a 'threshold injury', a medically significant injury that affects daily life. For knee injuries, this could include:
- Persistent pain or instability preventing normal activities like walking or climbing stairs.
- Medical treatment beyond first aid, such as physiotherapy, surgery or specialist consultations.
- Impact on work or study, for example, missing work due to pain or needing time off school.
- Long-term prognosis from a doctor indicating ongoing issues.
Keep a daily journal noting symptoms, treatment dates and any changes in mobility. This helps show the injury's progression and how it affects your life.
Records to Keep for a Knee Injury Claim in Ashfield
In addition to medical evidence, preserve:
- Accident details: Police reports, traffic camera footage, and notes on the vehicle's condition.
- Witness contact information: Names, phone numbers and addresses of anyone who saw the accident.
- Insurance correspondence: Emails or letters from the at-fault driver's insurer.
- Income records: Proof of lost wages or reduced earning capacity due to the injury.
- Receipts for treatment: Costs of physiotherapy, medical equipment or transportation to appointments.
Time Limits and When to Seek Advice
You have five years from the accident date to file a claim under the Motor Accident Injuries Act 2017. However, delays can reduce your ability to prove the injury's connection to the accident. For example, if you wait too long to seek medical treatment, doctors may not be able to confirm the injury's origin.
If your knee injury involves a spinal nerve-root injury (such as a herniated disc causing leg weakness), ensure your medical team documents neurological signs beyond radiculopathy. SIRA guidelines specify clinical signs like reflex changes or muscle weakness to qualify under the 'threshold injury' definition.
Example: Documenting a Ligament Tear
Imagine a driver who suffered a torn ACL (anterior cruciate ligament) in a low-speed collision. Key evidence would include:
- A doctor's report confirming the tear and recommending surgery.
- Physiotherapy records showing prolonged recovery.
- A work leave note explaining inability to stand for long periods.
- Photos of the vehicle's skid marks and damage.
When to Seek Legal Advice
If your knee injury involves complex medical issues, such as chronic pain or joint instability, consider consulting a solicitor. They can help ensure your claim includes all necessary evidence and complies with SIRA's requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.