The Motor Accident Claims (MAC) Act legacy scheme remains relevant for injuries sustained before 2017 in New South Wales. This article explains how claimants in regional NSW can pursue compensation under the old framework, contrasts it with current CTP rules, and outlines practical steps to support a claim. Regional claimants often face unique challenges, including limited access to legal resources, making understanding the MAC Act's specific requirements essential.
Key Differences Between MAC Act and Post-2017 CTP Claims
The MAC Act (1990-2016) and the current Motor Accident Injuries Act 2017 govern claims for injuries caused by motor vehicles. While the MAC Act is no longer active, it still applies to claims arising from accidents before 1 July 2017. Key distinctions include:
- Eligibility: MAC claims cover injuries meeting the 'threshold injury' definition under the old guidelines, which is broader than the current 'soft tissue' criteria.
- Benefits: MAC claims entitle injured persons to weekly income payments, treatment and care benefits, and lump sum compensation for permanent impairments. Post-2017 claims are limited to statutory benefits and damages for specific impairments.
- Fault: Under the MAC Act, fault does not affect entitlements, whereas the current scheme allows for contributory fault reductions.
Practical Steps for Regional NSW Claimants
Claimants in regional areas should take the following steps to support a MAC Act legacy claim:
- Document the accident: Obtain police reports, witness statements, and photographs of the scene. In regional NSW, local police stations may have limited resources, so prompt reporting is critical.
- Seek medical attention: Ensure injuries are recorded in medical records. SIRA guidelines emphasize that injuries must meet the MAC Act's 'threshold injury' criteria, which includes spinal nerve-root injuries with neurological signs.
- Use SIRA's online tools: SIRA's 'Making a motor accident claim' page provides step-by-step guidance for legacy claims, including how to apply for weekly benefits and submit medical reports.
- Preserve evidence: Keep records of income, medical expenses, and any correspondence with insurers. Regional claimants may need to rely on local healthcare providers for documentation.
Time Limits and Dispute Resolution
MAC Act claims must be submitted within 52 weeks of the accident, unless an extension is granted. After this period, weekly benefits and treatment benefits generally stop unless the claimant has a permanent impairment. Disputes over claim validity should be resolved through SIRA's dispute resolution process, which includes mediation and formal reviews. In regional NSW, claimants may need to seek independent legal advice if their insurer rejects a claim.
When to Seek Legal Advice
Regional claimants should consult a solicitor if:
- Their claim is denied or delayed.
- They need help interpreting SIRA guidelines.
- They face disputes over the extent of their injuries.
Legal professionals can assist with completing claim forms, negotiating with insurers, and ensuring compliance with MAC Act requirements.
Example: A Regional Pedestrian Claim
Consider a pedestrian injured in a car park in regional NSW. Under the MAC Act, they could claim weekly income payments for 52 weeks and treatment benefits for recovery. If the injury results in a permanent impairment (e.g., a 10% whole person impairment), they may also pursue a lump sum compensation claim. This example illustrates how MAC Act rules apply differently from the current CTP scheme.
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