If you're dealing with a compensation claim under the old Motor Accident Compensation Act 1999 (MAC Act), understanding what evidence to keep is critical. This guide explains the specific documentation required for legacy claims in NSW, how it differs from current SIRA guidelines, and practical steps to support your case.
NSW CTP rules for MAC Act legacy claims
The MAC Act, which operated before 1 December 2017, governed compensation for injuries caused by motor vehicles. While the Motor Accident Injuries Act 2017 (MAIA) now applies to most claims, legacy claims under the MAC Act still require specific evidence. Key differences include:
- Longer retention periods: Under the MAC Act, claimants could retain records for up to 10 years, compared to the 5-year limit under current SIRA guidelines.
- Broader injury definitions: The MAC Act included 'soft tissue' injuries without requiring spinal nerve-root qualification, unlike the MAIA's threshold injury rules.
- Different statutory benefits: Weekly income payments and treatment benefits under the MAC Act had distinct calculation methods.
Evidence to keep for MAC Act claims
To support a legacy claim, you must retain records that prove the accident, injury, and ongoing impact. Key documents include:
- Medical records: Detailed reports from doctors, physiotherapists, and specialists confirming the injury's nature, treatment, and recovery progress.
- Accident reports: Police reports, witness statements, and photographic evidence of the scene, vehicle damage, and injuries.
- Income and employment records: Proof of lost wages, reduced earning capacity, and any work restrictions affecting your ability to work.
- Communication with insurers: Emails, letters, or forms exchanged with the at-fault driver's insurer, including any claims for treatment or benefits.
- Medical opinion on long-term effects: A specialist's assessment showing how the injury impacts daily life, mobility, or mental health.
Time limits and when to seek advice
Legacy MAC Act claims have strict time limits. You must notify the insurer within 14 days of the accident, and claims must be settled within 10 years of the incident. If you're unsure whether your claim falls under the MAC Act or MAIA, seek legal advice immediately. Delays can jeopardise entitlements to weekly payments, treatment benefits, or compensation for long-term impairments.
Example of documentation needs
Consider a pedestrian injured in a 2015 collision. Medical records showing soft tissue injuries, a police report detailing the accident, and wage statements proving lost income would all be essential. If the injury caused chronic pain requiring ongoing physiotherapy, a specialist's report linking the treatment to long-term disability would strengthen the claim.
When to contact a legal professional
If your claim involves complex injuries, disputes over benefits, or uncertainty about the applicable scheme, consult a solicitor. Legal experts can help you navigate the difference between MAC Act and MAIA requirements, ensuring you retain all necessary evidence and meet deadlines.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.