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 were injured in a motor vehicle accident in the Illawarra or South Coast regions of NSW before 1 July 2018, you may be eligible for compensation under the repealed Motor Accident Claims Act 1991 (MAC Act). This article explains the key steps to take, how SIRA’s guidance applies to legacy claims, and what compensation options are available for road users injured under the old framework.
Key Steps for MAC Act Legacy Claims
Under the MAC Act, injured road users could claim compensation for injuries caused by motor vehicle accidents. While the MAC Act was replaced by the Motor Accident Injuries Act 2017 in 2018, claims under the old legislation are still processed by SIRA (State Insurance Regulatory Authority). To begin a legacy claim:
- Seek immediate medical attention to document injuries
- Preserve evidence such as accident reports, witness statements, and photographs
- Contact SIRA directly to report the claim
- Submit a completed claim form within 52 weeks of the accident (unless exceptional circumstances apply)
How SIRA’s Guidance Applies to Legacy Claims
SIRA’s guidance on motor accident claims remains relevant for MAC Act legacy matters. For example, SIRA outlines that compensation may cover:
- Medical treatment costs
- Lost income due to inability to work
- Pain and suffering
- Property damage
SIRA also clarifies that claims under the MAC Act are subject to the same 52-week time limit as the current scheme. However, the old legislation had different thresholds for injuries, such as the requirement for a 'threshold injury' under the MAC Act’s definition.
Compensation Options for Injured Road Users
Under the MAC Act, injured road users could claim:
- Medical treatment benefits: Covering costs for treatment, rehabilitation, and medical equipment
- Weekly income payments: For lost earnings due to injury
- Pain and suffering damages: For non-economic losses like stress or long-term disability
- Property damage claims: For vehicle repairs or replacement
Note: The MAC Act did not include lifetime care payments or whole person impairment assessments, which are available under the current scheme.
Regional Considerations for Illawarra and South Coast
While SIRA handles claims across NSW, regional factors may affect processing times or accessibility to services. For example, claims in rural areas like the Illawarra may require additional steps to verify accident details or arrange medical assessments. Always confirm with SIRA whether your location impacts claim eligibility or documentation requirements.
Time Limits and Dispute Options
MAC Act claims must be submitted within 52 weeks of the accident. If you missed this deadline, you may still be able to apply if you can demonstrate 'exceptional circumstances' such as:
- Inability to claim due to hospitalization
- Unforeseen delays in accessing legal advice
If your claim is disputed, SIRA may refer the matter to the NSW Civil and Administrative Tribunal (NCAT) for resolution. It is important to act quickly and seek clarification from SIRA if you are unsure about your eligibility.
When to Seek Legal Advice
While SIRA provides guidance for legacy claims, complex cases may require legal assistance. A solicitor can help with:
- Determining whether your injury meets the MAC Act’s threshold
- Navigating time limits and procedural requirements
- Contesting disputes over claim value
If you are unsure about your next steps, contact SIRA directly or complete the quick, no obligation enquiry form to request contact about your circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.