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're involved in a motor accident injury under the old Motor Accident Claims Act (MAC Act) in NSW, preserving evidence is critical for legacy claims. This article explains what records to keep, how to document injuries, and how SIRA handles claims under the outdated framework. Bathurst residents should understand that legacy claims differ from current CTP claims under the Motor Accident Injuries Act 2017.
What Evidence Matters for MAC Act Legacy Claims
Under the MAC Act, claimants must provide evidence of injuries, expenses, and accident details. Key documents include:
- Medical records showing injury diagnosis and treatment (e.g., X-rays, MRI scans, GP notes)
- Accident reports from police or witnesses detailing the incident's date, time, and location
- Witness statements confirming the accident and any fault
- Photographs of injuries, vehicle damage, and accident scene
- Expense receipts for medical bills, lost wages, and other costs
SIRA's guidelines for legacy claims emphasize that evidence must directly link the injury to the accident. For example, a pedestrian with soft-tissue injuries must show a medical professional connected the trauma to the collision.
How to Document Injuries and Expenses in Bathurst
In Bathurst, claimants should:
- Seek immediate medical attention and keep all appointment records
- Document daily symptoms in a journal (e.g., pain levels, mobility issues)
- Save receipts for treatments, medications, and transportation to appointments
- Note any lost income due to injury-related absences
For legacy claims, SIRA requires evidence of 'threshold injuries' under the MAC Act's definition. This includes soft-tissue injuries like whiplash or fractures that require medical treatment. If your injury doesn't meet this threshold, you may not qualify for benefits.
Time Limits and Dispute Options
Legacy MAC Act claims must be submitted within 52 weeks of the accident, unless extended by SIRA. After this period, benefits typically stop unless you can prove ongoing injuries. If your claim is disputed, you can:
- Request a review from SIRA's Claims Resolution Service
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
- Consult a solicitor for formal dispute resolution
When to Seek Legal Advice
Contact a solicitor if:
- Your injury is unclear or you're unsure about eligibility
- You've received a dispute notice from SIRA
- You need help navigating legacy claim rules
While SIRA handles many legacy claims, complex cases often require legal assistance. A solicitor can help you understand how the old MAC Act applies to your situation and ensure you meet all evidentiary requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.