Knee Injuries in Motor Accidents: Common Claim Mistakes to Avoid in NSW
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 New South Wales, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. However, many injured people make mistakes that could reduce or eliminate their claim. This article explains the most common errors and how to avoid them.
Key CTP Rules for Knee Injuries
Under the Motor Accident Injuries Act 2017 (MAIA), knee injuries are typically considered 'threshold injuries' if they meet the clinical criteria in the Motor Accident Guidelines. This means you may be eligible for statutory benefits like weekly payments and treatment costs, but not common law damages. SIRA's guidelines clarify that injuries requiring a spinal nerve-root injury with neurological signs qualify as threshold injuries, even if there's no radiculopathy.
A critical mistake is assuming all knee injuries qualify for benefits. Only injuries meeting the 'threshold injury' definition under the MAIA are eligible for the 52-week statutory benefit period. If your injury doesn't meet these criteria, you may need to pursue a separate claim for common law damages.
Practical Steps to Avoid Claim Failures
To support your claim, you must document:
- Immediate medical attention, Delaying treatment can weaken your case.
- Detailed accident reports, Include vehicle details, location, and witness statements.
- Medical records, Show a direct link between the accident and your knee injury.
- Income records, Prove lost wages if you're unable to work.
A common mistake is failing to preserve evidence. For example, not taking photos of the accident scene or not keeping a record of how the injury affects your daily activities. SIRA advises injured people to notify their insurer within 14 days of the accident to avoid procedural issues.
Time Limits and Dispute Resolution
The MAIA imposes strict time limits. You must notify the insurer within 14 days of the accident, and claims must be resolved within 52 weeks for threshold injuries. If your injury doesn't meet the threshold criteria, you may have longer time limits, but this depends on the specific circumstances.
Disputes over claim value often arise when injured people don't understand the distinction between statutory benefits and common law damages. For example, a knee injury that doesn't meet the threshold definition may still entitle you to claim for pain and suffering, but this requires a separate legal process.
When to Seek Legal Advice
If you're unsure whether your knee injury qualifies for benefits or if your claim is being disputed, seek legal advice. Many injured people underestimate the importance of consulting a solicitor before making statements to insurers. A lawyer can help you navigate the process and ensure you don't inadvertently admit fault or admit liability.
Example Scenario
Consider a driver who suffered a knee injury in a low-speed collision. They delayed seeking medical attention for three weeks, then claimed the injury was caused by a pre-existing condition. In this case, the insurer could argue the injury wasn't caused by the accident, reducing the claim's value. Prompt medical attention and clear documentation are critical to proving the injury's connection to the accident.
Final Steps
Avoid these common mistakes: don't delay medical treatment, don't destroy evidence, and don't assume all injuries qualify for benefits. If you're in Greater Sydney and need help with a knee injury claim, complete the quick, no obligation enquiry form to request contact about your circumstances.