A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you've been injured in a motor vehicle accident in Ballina, NSW, retaining the right evidence is critical to support your Compulsory Third Party (CTP) claim under the Motor Accident Injuries Act 2017. This article explains the key records to preserve, how to organize them, and what SIRA guidelines require.
Key Evidence for CTP Claims
Under the Motor Accident Injuries Act 2017, claimants must provide evidence to establish injuries, accident circumstances, and entitlements. Essential records include:
- Medical documentation: All medical reports, treatment records, and specialist opinions must show a connection between the accident and your injuries. SIRA guidelines emphasize that injuries must meet the 'threshold injury' definition, including spinal nerve-root injuries with neurological signs.
- Accident details: Police reports, witness statements, and photographs of the scene are vital. SIRA advises documenting the exact time, location, and conditions of the accident.
- Financial records: Proof of income, medical expenses, and lost wages must be retained. For weekly income payments, SIRA requires evidence of your earning capacity before the accident.
- Insurer correspondence: Keep copies of all communications with your insurer, including claim forms and responses.
Organizing Records for SIRA Compliance
SIRA’s Motor Accident Claims page outlines that claimants must submit evidence within 52 weeks of the accident for weekly benefits. For injuries exceeding this threshold, records must demonstrate how the injury impacts your daily life. For example, a claimant with a soft-tissue injury requiring physiotherapy must show a direct link between the accident and treatment.
Time Limits and Dispute Resolution
The Motor Accident Injuries Act 2017 sets strict time limits. For 'only injuries' (threshold injuries), weekly benefits stop after 52 weeks unless the injury meets the whole person impairment threshold. If your claim is disputed, SIRA’s dispute resolution process requires you to submit additional evidence, such as a second medical opinion.
When to Seek Legal Advice
While SIRA provides templates for claims, complex cases may require legal assistance. For example, if your injury overlaps with workers’ compensation or involves a Nominal Defendant matter, a solicitor can help navigate the legal distinctions.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.