If you were injured in a motor vehicle accident in NSW before 1 January 2018, you may be eligible for compensation under the legacy Motor Accident Claims Act (MAC Act). This article explains the early steps to take after an accident, how SIRA handles legacy claims, and what evidence is needed to pursue compensation in Bathurst and other NSW locations.
What to Do Immediately After a MAC Act Legacy Accident
After a motor vehicle accident, the first priority is medical attention. Seek treatment from a registered medical practitioner to document your injuries. Delaying medical care can affect your ability to claim compensation, as injuries must be recorded in medical records to establish a connection to the accident.
Preserve evidence of the accident. Take photographs of the scene, damaged vehicles, and any visible injuries. Obtain a copy of the police report if one was filed. Witnesses can also provide critical evidence, so record their contact details.
Notify the at-fault driver’s insurance company. Under the MAC Act legacy scheme, claims are processed through the insurer of the negligent driver. However, note that the legacy scheme does not cover all injuries. Only injuries meeting the 'threshold injury' definition under the Motor Accident Guidelines are eligible for compensation.
How SIRA Handles MAC Act Legacy Claims
SIRA (State Insurance Regulatory Authority) administers the NSW CTP scheme for legacy claims. While the Motor Accident Injuries Act 2017 replaced the MAC Act, the legacy scheme continues to apply to claims arising from accidents before 1 January 2018. This means claims are processed under the old framework, which includes different rules for soft tissue injuries and long-term impairments.
Under the legacy scheme, you may claim for:
- Treatment and care benefits
- Weekly income payments
- Compensation for permanent impairments
- Lifetime care costs
However, the availability of these benefits depends on the nature of your injury. For example, soft tissue injuries (like whiplash) must meet specific clinical criteria outlined in the Motor Accident Guidelines. If your injury does not meet these thresholds, you may not be eligible for certain benefits.
Key Documentation for a MAC Act Legacy Claim
To initiate a claim, you’ll need to provide:
- A medical certificate confirming your injury
- Police report or accident report
- Witness statements
- Proof of income to support claims for lost wages
- A copy of the driver’s insurance details
SIRA requires all claims to be submitted through their online portal. You’ll need to complete a claim form and provide supporting documents. If your injury requires ongoing treatment, your medical practitioner must submit regular reports to SIRA.
Time Limits and When to Seek Advice
While the MAC Act legacy scheme does not have a strict time limit for claims, delays can reduce your chances of securing full compensation. For example, if your injury is not recorded in medical records within a reasonable time, it may be excluded from benefits. Additionally, the 52-week statutory benefit period applies to threshold injuries. After 52 weeks, weekly payments are generally limited unless you have a permanent impairment.
If you’re unsure whether your injury qualifies, seek legal advice promptly. A solicitor can help you understand your options and ensure all documentation is submitted correctly. In Bathurst, contact SIRA directly or use the approved enquiry form to request assistance.
A Hypothetical Example
Consider a cyclist in Bathurst who was involved in a collision with a car. The cyclist suffered a soft tissue injury and required medical treatment. Under the MAC Act legacy scheme, the cyclist could claim for treatment costs and lost wages. However, if the injury did not meet the threshold injury definition, the cyclist might not be eligible for weekly payments. A medical report confirming the injury’s severity would be critical to securing compensation.
Next Steps
If you’ve been injured in a motor vehicle accident in NSW before 2018, take these early steps:
- Seek medical attention immediately
- Document the accident and collect evidence
- Notify the at-fault driver’s insurance company
- Submit a claim through SIRA’s online portal
Time limits and procedural requirements may apply. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.