Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were injured in a motor accident on the Central Coast and your claim falls under the old Motor Accident Claims Act (MAC Act), understanding your rights and next steps is critical. This article explains the practical actions to take, how SIRA assesses legacy claims, and the documentation needed to support your case under NSW CTP law.
What to Do Immediately After a MAC Act Claim
Under the MAC Act, injured road users on the Central Coast must act quickly to preserve their rights. Key early steps include:
- Seeking immediate medical attention to document injuries, as medical records are essential for proving the claim.
- Reporting the accident to the police and the at-fault driver’s insurer within 24 hours, as delays may affect eligibility for certain benefits.
- Preserving evidence such as accident reports, witness statements, and photographs of the scene.
- Notifying SIRA if you believe your injuries meet the threshold for compensation under the MAC Act.
These steps help establish a clear timeline and ensure your claim aligns with the legal framework that still applies to legacy cases.
How SIRA Assesses MAC Act Claims
SIRA (State Insurance Regulatory Authority) oversees claims under the MAC Act, which differs from the current Motor Accident Injuries Act 2017. Under the old system:
- Threshold injuries included soft tissue injuries with neurological signs, such as spinal nerve-root damage, even without radiculopathy.
- Benefits were limited to 52 weeks for injuries that did not meet the whole person impairment threshold.
- Fault was not a factor in determining eligibility, but contributory fault could reduce compensation.
SIRA evaluates claims based on medical evidence, including assessments from registered medical practitioners. For example, if you sustained a soft tissue injury with neurological signs, you may qualify for weekly income payments and treatment benefits under the MAC Act.
Documentation Needed for MAC Act Claims
To support your claim, gather the following:
- Medical records showing the nature and severity of your injuries.
- Accident reports from police or the at-fault insurer.
- Witness details and statements.
- Proof of income to calculate weekly benefits.
- Correspondence with insurers or SIRA.
For instance, if you were a pedestrian injured in a car park and have ongoing treatment, your medical records must clearly link your injuries to the accident. SIRA may also request a medical report confirming your injuries meet the MAC Act’s threshold.
Time Limits and When to Seek Advice
The MAC Act’s 52-week limit for certain benefits means claims must be submitted promptly. If your injuries are below the threshold, you may not qualify for ongoing payments after this period. However, you can still seek compensation for out-of-pocket expenses or lost income during the 52 weeks.
Disputes over claim assessments are rare under the MAC Act, but you may need to request a review if SIRA denies your claim. Always consult a legal professional if you’re unsure about your eligibility or the value of your claim.
Next Steps
The MAC Act’s legacy framework has specific rules that may differ from current CTP schemes. To ensure your claim is processed correctly, complete the quick, no obligation enquiry form to discuss your circumstances with a legal expert.