Transitional Claims Under the MAI Act
If you were injured in a motor vehicle accident before 1 January 2018, your claim may fall under the transitional provisions of the Motor Accident Injuries Act 2017 (MAI Act). Transitional claims apply to accidents occurring on or after 1 January 2015 but before the new CTP scheme began on 1 January 2018. These claims are handled differently from standard CTP claims because they bridge the gap between the old and new compensation frameworks.
The key difference is that transitional claims are assessed under the old rules for determining eligibility and benefits, while standard CTP claims use the MAI Act’s current thresholds. For example, if your injury meets the 'threshold injury' definition under the old scheme, you may still be eligible for benefits even if your injury doesn’t meet the MAI Act’s current threshold.
What Documentation Matters for Transitional Claims?
To support your transitional claim, you’ll need to provide evidence that aligns with the old rules. This includes:
- Medical records showing your injury meets the old 'threshold injury' criteria (e.g., soft tissue injuries with neurological signs)
- Accident reports from police or witnesses to establish the incident's circumstances
- Witness statements to corroborate your account of the accident
- Medical opinions from practitioners familiar with the old assessment criteria
- Income records to claim weekly benefits if your injury affects your earning capacity
In regional NSW, where legal resources may be limited, it’s crucial to keep detailed records of all medical treatments, therapy sessions, and any correspondence with SIRA. If your injury involves a spinal nerve-root injury (as defined in the Motor Accident Guidelines), you may still qualify for benefits even if you don’t have radiculopathy.
How SIRA Assesses Transitional Claims
The State Insurance Regulatory Authority (SIRA) administers transitional claims under the old rules. While SIRA’s assessment process is the same as for standard CTP claims, the injury thresholds and benefit calculations differ. For example:
- Threshold injuries under the old scheme include conditions like whiplash with neurological signs, even without radiculopathy
- Weekly benefits are calculated based on your pre-accident income, not the MAI Act’s current formula
- Treatment and care benefits are available for injuries that meet the old 'threshold injury' definition
If your claim is denied, you may need to request a review or seek independent medical advice. SIRA provides a free 'Dispute Resolution Service' for claims rejected after the first review.
Practical Steps for Regional Claimants
- Seek medical attention immediately to document your injury under the old assessment criteria
- Report the accident to police and request a copy of the incident report
- Notify SIRA within 52 weeks of the accident to claim weekly benefits (this period applies to transitional claims)
- Keep all medical records showing your injury meets the old threshold criteria
- Request a copy of your claim file to review how SIRA is assessing your injury
If you’re unsure whether your injury qualifies, contact SIRA directly. While regional areas may have limited legal resources, SIRA provides free assistance with claim forms and assessments.
When to Seek Legal Advice
Transitional claims can be complex, especially if your injury involves overlapping issues like workers’ compensation or if your claim is denied. A solicitor can help you:
- Understand how the old and new schemes interact
- Challenge a SIRA decision if your claim is rejected
- Navigate the 52-week time limit for weekly benefits
- Ensure your claim is processed under the correct legal framework
If your accident occurred before 1 January 2018 and you’re unsure about your entitlements, contact SIRA or a legal professional who specializes in transitional claims.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.