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).
The Motor Accident Injuries Act 2017 governs statutory benefits for CTP claims in NSW, including Newcastle and Hunter. This article explains how the Act applies to real-world scenarios, using SIRA guidelines to clarify legal provisions and practical considerations for claimants.
Key Provisions of the Motor Accident Injuries Act 2017
The Act outlines statutory benefits available to injured parties in CTP claims. Under the Act, claimants may receive weekly income payments, treatment and care benefits, and compensation for permanent impairment. For example, a pedestrian injured in a Newcastle car park who requires ongoing physiotherapy may be eligible for weekly payments to cover lost income and treatment costs.
The Act also defines 'threshold injury' as a key criterion. A spinal nerve-root injury producing neurological signs, such as tingling or numbness, may qualify as a threshold injury even if radiculopathy is not present. However, injuries below this threshold are generally not eligible for ongoing benefits after 52 weeks.
SIRA Guidance for Claims in Newcastle and Hunter
SIRA provides detailed guidance on what claimants can expect. For instance, a motorcyclist involved in a Hunter Valley road accident with soft-tissue injuries may receive treatment benefits for up to 52 weeks. SIRA also clarifies that claimants must notify their insurer within 52 weeks of the accident to access these benefits.
A practical example: A Newcastle resident involved in a blameless accident with a car driven by a 'blameless driver' (under the Nominal Defendant scheme) may still claim statutory benefits. SIRA confirms that the fault of the driver does not affect eligibility for these benefits.
Practical Steps and Evidence for CTP Claims
To support a claim, injured parties should gather medical records, accident reports, and witness statements. For example, a cyclist injured in a car park in Hunter must document the accident date, location, and any visible damage to the vehicle.
Evidence of income loss is also critical. A passenger in a Newcastle car accident who missed work due to injuries must provide payslips or employer statements to claim weekly income payments. SIRA advises keeping all correspondence with insurers.
Time Limits and Dispute Resolution
Claimants must act within 52 weeks of the accident to access weekly benefits. If a claimant's only injuries are threshold injuries, benefits are generally limited after this period. For example, a Hunter resident with soft-tissue injuries who recovers fully within 52 weeks will no longer be eligible for ongoing payments.
Disputes may arise if an insurer disputes the severity of an injury. In such cases, claimants should seek legal advice to challenge the decision, especially if the injury meets the whole person impairment threshold.
When to Seek Legal Advice
Legal assistance is recommended if a claimant faces disputes over injury severity, contributory fault, or eligibility for benefits. For instance, a Newcastle resident involved in a car accident with a contributory fault of 20% may need a lawyer to assess how this affects their claim.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form.