Understanding MAC Act Legacy Claims 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 were injured in a motor vehicle accident in New South Wales before 1 December 2017, you may be eligible to make a claim under the Motor Accidents Compensation Act 1999 (MAC Act), which was replaced by the Motor Accident Injuries Act 2017 (MAIA) on that date. This framework applies to claims for injuries sustained prior to the transition to the new scheme. The MAC Act legacy claims process differs significantly from current CTP compensation under MAIA, particularly in how benefits are assessed, what types of compensation are available, and the time limits that apply. If your accident occurred before 1 December 2017, and you have not yet resolved your claim, you may still have rights under the MAC Act.
Key Differences from Current CTP Claims
The MAC Act legacy claims process operates under different rules than the current CTP system. Under the MAC Act, entitlement to compensation is not automatically determined by fault, but the claimant must still establish that the accident occurred, that they were injured as a result, and that the injury was caused by the motor vehicle. Unlike the current MAIA framework, which uses a threshold injury system and limits damages for non-qualifying injuries, the MAC Act allows for claims based on the nature and extent of injury, including for injuries that would now be considered non-threshold. This means that some claimants who were previously denied compensation under the new framework may still have a valid claim under the MAC Act.
Practical Steps to Take
If you believe you have a valid claim under the MAC Act, the following steps are essential:
- Contact your medical practitioner to obtain a formal assessment of your injury and its impact on your ability to work or perform daily activities.
- Gather and preserve all documentation related to the accident, including police reports, witness statements, photographs of the scene and vehicle damage, and any correspondence with insurers.
- Obtain a copy of your medical treatment records, including all diagnoses, treatment plans, and notes from medical practitioners.
- Identify and record details of any witnesses to the accident, including names, contact information, and a brief summary of their observations.
- Notify the insurer of the at-fault driver’s CTP insurer as soon as possible, ideally within the time limits set out under the MAC Act.
Evidence That Matters
The strength of a MAC Act legacy claim depends on the quality and completeness of the evidence. Key items include:
- Medical evidence showing the nature, severity, and duration of your injury.
- Proof of financial loss, such as pay slips, tax returns, or a letter from your employer confirming lost income.
- Records of out-of-pocket expenses related to the accident, such as medical or transport costs.
- A detailed account of how the injury has affected your daily life, including your ability to work, care for dependants, or participate in social activities.
SIRA provides guidance on the types of evidence that may support a claim, including the need for a formal impairment assessment if seeking damages for permanent impairment.
Time Limits and Procedural Requirements
Under the MAC Act, there are strict time limits for making a claim. Generally, a claim must be made within three years of the date of the accident. However, if the injury was not immediately apparent, the time limit may begin from the date the injury was first diagnosed or when it became reasonably apparent. It is critical to act promptly, as delays can result in a claim being barred.
If you have already been assessed under the MAIA framework and were denied compensation due to a threshold injury, you may still be able to pursue a claim under the MAC Act if your injury occurred before 1 December 2017. In such cases, the earlier framework may provide a more favourable outcome.
When to Seek Legal Advice
The MAC Act legacy claims process is complex and involves different procedural rules, evidence standards, and time limits than the current CTP system. Given the differences in how benefits are calculated and the potential for a claim to be barred due to procedural delays, it is advisable to seek independent legal advice before proceeding. A solicitor experienced in legacy claims can help you assess whether your claim is still viable, assist with gathering and presenting evidence, and represent you in any dispute with an insurer.
Hypothetical Example
For example, a pedestrian was struck by a car in Sydney on 15 March 2016. They sustained a back injury that required surgery and resulted in ongoing pain and reduced capacity to work. The injury was not diagnosed until six months later. Under the MAC Act, the three-year limitation period would begin from the date of diagnosis, not the accident date. If the claim was not made within that timeframe, it may no longer be valid. However, if the claim was initiated within the limitation period, the claimant may be entitled to weekly payments, treatment and care benefits, and damages for pain and suffering, depending on the severity and permanency of the injury.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.