If you were injured in a motor accident in Albury, NSW, you may be eligible for compensation under the Motor Accident Injuries Act 2017 (MAI Act). This article explains how to determine your eligibility for statutory benefits, what evidence is needed, and how the NSW government assesses claims. The scheme applies to drivers, passengers, pedestrians, cyclists, and motorcyclists involved in eligible motor vehicle accidents.
Who is covered by the NSW CTP scheme?
The MAI Act covers injuries caused by motor vehicle accidents involving a registered vehicle. This includes collisions with cars, trucks, buses, and motorcycles. Pedestrians, cyclists, and motorcyclists are also protected if they were injured in an accident involving a motor vehicle. The scheme does not cover accidents on private property unless the vehicle was being used on a public road or car park.
What injuries qualify for benefits?
To claim statutory benefits, you must have suffered a 'threshold injury' under the Motor Accident Guidelines. This includes injuries such as whiplash, soft tissue damage, and spinal nerve-root injuries that produce neurological signs. For example, a pedestrian who suffered a sprained wrist and bruising after being hit by a car would qualify. However, minor injuries like a cut or abrasion typically do not meet the threshold.
How does SIRA assess eligibility?
The State Insurance Regulatory Authority (SIRA) evaluates claims based on medical evidence. You must provide:
- A medical report confirming your injury
- Details of the accident (date, time, location, vehicle involved)
- Witness statements if available
- Police report or accident report
SIRA will also assess whether your injury meets the 'spinal nerve-root' qualification. For instance, a cyclist with a herniated disc causing numbness in their leg would qualify, while a person with a minor muscle strain might not.
Time limits and benefits
You have 52 weeks from the accident date to claim weekly income benefits if your injuries are limited to threshold injuries. After this period, benefits are generally not payable unless you have a whole person impairment (WPI) rating of 10% or more. For example, a driver with a 15% WPI from a whiplash injury would continue to receive benefits beyond 52 weeks.
Practical steps to take
- Seek immediate medical attention and keep all medical records
- Document the accident scene with photos and notes
- Report the accident to the police if necessary
- Contact your insurer or SIRA to start the claim process
When to seek legal advice
If your claim is denied, or if you need to dispute a decision, consult a solicitor. Legal professionals can help you understand whether you qualify for additional damages beyond statutory benefits, such as compensation for pain and suffering.
Example scenario
A pedestrian in Albury was hit by a car and suffered a fractured wrist and bruised ribs. Their medical team confirmed the injuries met the threshold requirement. SIRA would assess the claim based on the medical evidence and determine eligibility for weekly payments and treatment benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.