Common Questions About Knee Injuries in NSW Motor Accidents
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 sustained a knee injury in a motor accident in Greater Sydney, you may have questions about whether you can claim compensation, what benefits are available, and how the process works. The Motor Accident Injuries Act 2017 (MAIA) governs all claims for motor accidents in New South Wales, including injuries to the knee. Whether you were a driver, passenger, pedestrian, cyclist, or motorcyclist, the law provides pathways to support you through medical treatment, income loss, and, in some cases, damages for pain and suffering.
How NSW CTP Law Applies to Knee Injuries
Under the MAIA, you may be entitled to statutory benefits if your knee injury resulted from a motor accident. These benefits include treatment and care benefits, weekly income payments, and, potentially, damages if your injury meets the threshold for serious injury. Knee injuries commonly involve ligament damage (such as ACL or PCL tears), meniscus tears, or joint instability. These injuries may not always be immediately apparent and can develop over days or weeks after the accident.
The law distinguishes between injuries that qualify for damages and those that do not. To claim damages, your injury must be a threshold injury as defined in the Motor Accident Injuries Regulation 2017. This includes injuries that result in a whole person impairment (WPI) of at least 10%, or that meet the criteria for a serious injury under the Motor Accident Guidelines. A knee injury may qualify if it causes long-term functional impairment, chronic pain, or requires surgery and ongoing treatment.
What You Can Claim for a Knee Injury
If your knee injury qualifies, you may be entitled to:
- Treatment and care benefits to cover medical and allied health services, including physiotherapy, surgery, and rehabilitation.
- Weekly income payments if you are unable to work due to the injury, up to 52 weeks if your only injuries are threshold injuries.
- Damages for pain and suffering, loss of enjoyment of life, and future care needs if your injury meets the threshold and you have a WPI of 10% or more.
The Motor Accident Guidelines set out the clinical criteria for assessing WPI, including for knee injuries. For example, a knee injury may be assessed based on range of motion, instability, and the presence of chronic pain or neurological signs. The assessment must be conducted by an independent medical practitioner using the guidelines.
Practical Steps and Evidence That Matter
To support your claim, you should:
- Seek medical attention as soon as possible after the accident, even if symptoms are mild. Document all treatment and follow-up appointments.
- Preserve evidence such as photos of the vehicle damage, the accident scene, and any visible injury. Witness contact details may also help.
- Keep a record of all out-of-pocket expenses related to the injury, including transport to medical appointments and medication.
- Retain all correspondence with insurers, including written notifications of your claim.
Medical records are critical. These should include diagnostic imaging (X-rays, MRI), clinical notes, and a formal WPI assessment if applicable. If your knee injury leads to ongoing issues such as arthritis or the need for a joint replacement, this may affect your claim for future care costs.
Time Limits and When to Seek Advice
Time limits apply to motor accident claims in NSW. You must notify your insurer of your claim within 6 months of the accident, or within 6 months of when you first became aware of the injury, whichever is later. Failure to meet this deadline may prevent you from claiming benefits.
If you believe your injury may qualify for damages, it is important to seek legal advice early. The process involves formal assessment of your WPI and may require a review if the insurer disputes the outcome. Disputes can be resolved through the State Insurance Regulatory Authority (SIRA) or, if necessary, the NSW Civil and Administrative Tribunal (NCAT).
A hypothetical example: A 38-year-old cyclist in Sydney was struck by a car at a roundabout in June 2026. The injury was initially diagnosed as a minor ligament strain but later confirmed via MRI to be a complete ACL tear requiring surgery. After 12 weeks of rehabilitation, the treating doctor assessed a WPI of 12% due to ongoing instability and pain. This injury would likely meet the threshold for damages under the MAIA.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.