Common Mistakes to Avoid in NSW CTP Claims
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Under the Motor Accident Injuries Act 2017, claimants in Bathurst must navigate specific rules to secure statutory benefits. One frequent error is failing to notify the insurer within 52 weeks of the accident. The Act limits weekly income payments and treatment benefits after this period if only threshold injuries are involved. Another mistake is not documenting all injuries, including soft tissue injuries that may qualify under the spinal nerve-root test in the Motor Accident Guidelines.
Practical Steps and Evidence That Matter
Claimants should immediately seek medical attention to establish injury details. Medical records, accident reports, and witness statements are critical. For example, a cyclist in Bathurst who delayed seeking treatment for whiplash may lose access to weekly income payments after 52 weeks, even if the injury is classified as a threshold injury. Photographs of the accident scene and police reports also strengthen claims.
Time Limits and When to Seek Advice
The 52-week deadline applies to all statutory benefits under the MAI Act 2017. SIRA enforces this rule strictly, so delays in reporting injuries or submitting claims can result in reduced entitlements. Claimants should consult a solicitor if their injuries exceed threshold criteria or if they face disputes over impairment assessments. Bathurst residents should also be aware that SIRA may request additional evidence to verify claim validity.
SIRA's Role in Enforcing the MAI Act
SIRA oversees compliance with the Motor Accident Injuries Act 2017, including reviewing claims for threshold injuries and determining eligibility for weekly payments. Claimants who fail to meet documentation standards may face delays or reduced benefits. For instance, a pedestrian in Bathurst who does not provide medical records proving a spinal nerve-root injury may lose access to certain treatment benefits.
A Realistic Example
Consider a motorcyclist in Bathurst who sustains a soft tissue injury but delays medical treatment. Under the Motor Accident Guidelines, the injury may qualify as a threshold injury, but the 52-week limit applies. If the claimant does not report the injury within this timeframe, they may forfeit weekly income payments, even if the injury is severe.
Next Steps
Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.