If you were injured in a motor vehicle accident in Ashfield before 1 January 2020, you may be eligible for compensation under the repealed Motor Accident Claims (MAC) Act. While the Motor Accident Injuries (MAI) Act 2017 now governs most CTP claims, legacy MAC Act claims have distinct rules. This article explains the early steps to pursue compensation, how SIRA’s current processes apply to older claims, and key differences between the old and new frameworks.
NSW CTP Rules for MAC Act Legacy Claims
The MAC Act, which operated from 1990 to 2019, provided compensation for injuries caused by motor vehicles. While the MAI Act replaced it in 2020, the NSW government has maintained transitional arrangements for legacy claims. Under the MAI Act, SIRA (State Insurance Regulatory Authority) administers claims arising from accidents before 1 January 2020, but these are processed under the MAC Act’s original framework.
Key differences include:
- Eligibility: Injuries must have occurred before 1 January 2020.
- Benefits: Weekly income payments and treatment benefits are available for threshold injuries (soft tissue injuries meeting specific medical criteria).
- Dispute resolution: Claims under the MAC Act are resolved through SIRA’s internal processes, not the NSW Civil and Administrative Tribunal (NCAT).
Practical Steps for Injured Road Users in Ashfield
If you were injured in an accident in Ashfield before 2020, take these early steps:
- Seek immediate medical attention. Document all injuries and treatment, as medical records are critical for proving your claim.
- Preserve accident details. Gather evidence such as police reports, witness statements, and photographs of the scene.
- Notify SIRA. Contact SIRA’s claims team to report your injury and start the process. You can apply online via SIRA’s motor accident claims page.
- Submit medical evidence. Provide your doctor’s assessment to determine if your injury meets the MAC Act’s threshold injury criteria.
Time Limits and Dispute Options
Under the MAC Act, you have five years from the date of the accident to file a claim. However, if your injury is classified as a threshold injury, benefits like weekly payments typically stop after 52 weeks unless you have a whole person impairment (WPI) of 10% or more.
If your claim is disputed, SIRA will review your case. If you disagree with their decision, you may request a review or escalate the matter to NCAT. Note that the MAI Act’s 52-week limit for threshold injuries does not apply to MAC Act legacy claims.
Example: A Pedestrian’s Claim in Ashfield
Imagine a pedestrian injured in a car accident on a busy Ashfield road in 2018. Their doctor confirms a soft tissue injury meeting the MAC Act’s threshold criteria. Under the old framework, they would receive weekly income payments for 52 weeks and treatment benefits. If their injury worsened to a 15% WPI, they could claim additional compensation.
When to Seek Legal Advice
While SIRA handles most legacy claims, complex cases may require legal assistance. A solicitor can help if:
- Your injury involves long-term disability or chronic pain.
- You believe SIRA has undervalued your claim.
- You need to challenge a decision through NCAT.
Next Steps
CTP compensation for legacy MAC Act claims depends on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form.