Transitional Claims Under the MAI Act: What Injured People in Bankstown Need to Know
If you were injured in a motor vehicle accident before 2017 in NSW, your claim may fall under the transitional provisions of the Motor Accident Injuries Act 2017 (MAI Act). This article explains how transitional claims work, how they differ from standard CTP claims, and what injured road users in Bankstown should know.
How Transitional Claims Differ From Standard CTP Claims
Under the old CTP scheme, injured people received benefits based on the severity of their injuries. The MAI Act introduced a new system for claims made after 2017, but transitional claims apply to accidents occurring before that date. Key differences include:
- Eligibility: Transitional claims are only available for accidents occurring on or after 1 January 2012 and before 1 January 2017. Accidents before 2012 fall under the old scheme.
- Benefits: Transitional claims may include weekly income payments, treatment and care benefits, and lump sum damages depending on the injury's severity. The MAI Act introduced a 'whole person impairment' test to determine damages.
- Time Limits: Injured people must notify their insurer within 52 weeks of the accident. Claims not notified within this period may lose benefits, though damages claims can still proceed.
Practical Steps for Injured People in Bankstown
To support a transitional claim, injured road users should:
- Collect medical records showing the injury's impact (e.g., pain, mobility issues, or psychological effects)
- Obtain an accident report from the NSW Police or relevant authority
- Gather witness statements or CCTV footage if available
- Keep records of lost income or additional living costs
- Contact the at-fault driver's insurer to request a claim form
SIRA (State Insurance Regulatory Authority) provides guidance on transitional claims. Their website explains how to apply for benefits and what evidence is required.
Understanding the 52-Week Rule
Under the MAI Act, weekly benefits and treatment and care benefits are generally limited to 52 weeks after the accident. This applies if the injury is classified as a 'threshold injury', a soft tissue injury with minimal long-term impact. However, if the injury results in a whole person impairment of 10% or more, weekly benefits may continue beyond 52 weeks.
Example: A pedestrian injured in a car accident in Bankstown in 2016 may receive weekly payments for 52 weeks. If their injury worsens to a 15% impairment, they may qualify for extended benefits.
Disputes and Challenging Denied Claims
If your transitional claim is denied, you may need to:
- Request a review from the insurer
- Seek independent medical opinions to challenge the injury's classification
- Lodge a complaint with SIRA
- Consider legal advice if the insurer refuses to reconsider
The MAI Act allows for disputes over injury severity, but claims must be supported by medical evidence. Injured people should act quickly, as time limits apply to all aspects of transitional claims.
When to Seek Legal Advice
Transitional claims can be complex, especially when injuries overlap with workers' compensation or other insurance schemes. A solicitor can help assess:
- Whether your injury meets the threshold for benefits
- How to challenge a denied claim
- The impact of contributory fault on your entitlements
- The best way to negotiate a fair settlement
In Bankstown, injured road users should contact a legal professional if their claim is denied, the insurer is uncooperative, or they need help understanding their options.
Next Steps for Injured People in Bankstown
Transitional claims under the MAI Act require careful attention to deadlines, evidence, and legal definitions. While this article provides general guidance, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.