MAC Act Legacy Claims in NSW: What Claimants Need to Know
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 vehicle accident before 1 July 2018, you may be pursuing a legacy claim under the Motor Accident Claims Act 1991 (MAC Act). These claims differ from current Compulsory Third Party (CTP) claims under the Motor Accident Injuries Act 2017. This article explains how legacy claims work in NSW, with practical examples relevant to Armidale.
How MAC Act Claims Differ from Current CTP Rules
The MAC Act was replaced by the Motor Accident Injuries Act 2017, but claims made before 1 July 2018 still fall under the old scheme. Key differences include:
- Eligibility: Claims under the MAC Act are limited to injuries occurring on or after 1 July 1991 and before 1 July 2018.
- Benefits: Legacy claims are assessed using the Motor Accident Guidelines (MAG) from 2012, which define 'threshold injury' and 'whole person impairment' differently than current guidelines.
- Time Limits: Claims must be submitted within 52 weeks of the injury, unless an extension is granted by SIRA.
Unlike current CTP claims, legacy claims do not allow for a damages claim unless the injury meets specific criteria under the MAC Act. This distinction is critical for claimants in Armidale, where many pre-2018 accidents remain unresolved.
Practical Steps for Claiming Under the MAC Act
To pursue a legacy claim, claimants must:
- Document the injury: Obtain medical records confirming the injury meets the MAC Act's threshold injury definition. For example, a soft tissue injury must involve a spinal nerve-root injury with neurological signs.
- Gather evidence: Collect accident reports, witness statements, and photographs. In Armidale, local police reports from the NSW Police Force are particularly valuable.
- Contact SIRA: Submit a claim through the State Insurance Regulatory Authority (SIRA). SIRA assesses claims using the MAG 2012 and determines eligibility for benefits like weekly income payments or treatment and care benefits.
Time Limits and Dispute Resolution
Legacy claims must be submitted within 52 weeks of the injury. If the injury is not 'threshold' under the MAC Act, benefits are limited to 52 weeks. For example, a claimant with only soft tissue injuries may not qualify for long-term weekly payments.
If a claim is disputed, claimants can request a review by SIRA or seek mediation through the NSW Civil and Administrative Tribunal (NCAT). In Armidale, local solicitors with expertise in legacy claims can assist with this process.
Hypothetical Example: A Claim in Armidale
Consider a pedestrian injured in a car accident in Armidale on 1 January 2017. The injury involves a minor whiplash with no neurological signs. Under the MAC Act, this would be classified as a 'threshold injury' under MAG 2012, qualifying for 52 weeks of weekly benefits. However, if the injury does not meet the spinal nerve-root criteria, the claim may be limited to treatment and care benefits only.
When to Seek Legal Advice
Legacy claims are complex, and claimants must ensure their injury meets the MAC Act's specific criteria. In Armidale, consulting a solicitor with experience in pre-2018 claims is advisable, especially if the injury involves a dispute over the threshold injury definition or the 52-week time limit.
Next Steps
If you believe you have a legacy claim under the MAC Act, take the following actions:
- Review your injury against the MAC Act's threshold injury criteria.
- Gather all relevant medical and accident records.
- Contact SIRA to submit your claim.
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