What Evidence Must Be Kept for a CTP Claim in Greater Sydney?
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 were injured in a motor accident in Greater Sydney, you must keep specific evidence and records to support a claim under the Motor Accident Injuries Act 2017 (MAIA). This law governs all CTP claims in New South Wales from 1 December 2017 onwards. The type of evidence you collect can affect whether you receive statutory benefits such as treatment and care, weekly income payments, or damages. Failure to preserve key records may reduce your entitlement or prevent a claim from being processed.
What Types of Evidence and Records Are Required?
Under the Motor Accident Injuries Act 2017, the following records are essential to support a CTP claim in Greater Sydney:
- Medical records from the time of the accident through to recovery, including diagnosis, treatment plans, and progress notes from your medical practitioner or specialist.
- A completed and signed accident report, if available, from the police or a witness.
- Photographs of the accident scene, vehicle damage, and any visible injuries at the time of the incident.
- Details of any witnesses, including their names, contact information, and a summary of what they observed.
- Records of lost income, such as payslips, employment letters, or a statement from your employer confirming time off work.
- Itemised records of out-of-pocket expenses related to the accident, such as transport costs, medical aids, or home modifications.
- Correspondence with your insurer, including claim forms, letters, and email exchanges.
SIRA’s guidance confirms that these documents form the foundation of a CTP claim and must be retained for the duration of the claim process.
How Does SIRA’s Guidance Align with the Motor Accident Injuries Act 2017?
SIRA’s official resources on making a motor accident claim and what you can claim reflect the requirements of the Motor Accident Injuries Act 2017. The Act sets out the legal framework for entitlements, while SIRA provides practical direction on evidence. For example, the Act defines eligibility for treatment and care benefits and weekly income payments, and SIRA confirms that medical evidence must demonstrate a causal link between the accident and your injuries. SIRA also states that claims for damages require proof of a threshold injury, as defined in the Motor Accident Injuries Regulation 2017, and that this must be supported by clinical findings and imaging reports.
What Are the Risks of Not Keeping Proper Records?
Failing to keep essential records may result in a claim being denied or limited. Without medical evidence, it may not be possible to prove that injuries were caused by the accident. Without income records, you may not be entitled to weekly payments. Without a witness statement, the insurer may dispute the circumstances of the accident. The Motor Accident Injuries Act 2017 allows insurers to assess claims based on available evidence, and incomplete documentation may lead to a lower or denied benefit. In some cases, a claim may be rejected entirely if evidence is not provided within a reasonable timeframe.
What Are the Time Limits and Procedural Requirements?
There is no fixed deadline in the Motor Accident Injuries Act 2017 for notifying an insurer, but delays may affect your ability to claim. It is best to notify your insurer as soon as possible after the accident. For claims involving a threshold injury, the 52-week rule applies: if your only injuries are threshold injuries, statutory benefits are generally limited after 52 weeks. This means that evidence must be collected and submitted early to ensure continued entitlement. If you believe your injury may meet the threshold criteria, you must obtain a formal assessment from a qualified medical practitioner.
When Should You Seek Legal Advice?
You should seek independent advice if:
- Your injury is not improving despite treatment.
- Your insurer has refused or limited a benefit.
- You are unsure whether your injury meets the threshold definition.
- You are disputing the insurer’s assessment of your impairment or income loss.
Legal advice is not required to make a claim, but it may help you understand your rights and ensure that all necessary evidence is properly submitted.
A Practical Example
A cyclist in Sydney’s Inner West was struck by a car at a traffic light. They sustained a whiplash injury and were unable to work for three weeks. They kept a photograph of the vehicle damage, obtained a medical report from their GP within 48 hours, and collected a witness statement from a pedestrian. They also kept payslips showing lost wages and submitted a claim form to their insurer within two weeks. These records supported their claim for treatment and care benefits, weekly income payments, and a damages claim for pain and suffering.
Next Steps
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