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).
Motorcycle accidents on the Illawarra and South Coast can leave riders and passengers with injuries affecting their ability to return to daily activities. Under New South Wales' Compulsory Third Party (CTP) scheme, claimants may be entitled to benefits to support recovery. This article explains how to manage daily activities after a motorcycle accident, including medical assessments, evidence requirements, and legal limits of CTP claims.
Key CTP Rules for Daily Activity Recovery
The Motor Accident Injuries Act 2017 (MAIA) governs CTP claims in NSW. For motorcycle accidents, claimants must demonstrate how injuries prevent them from performing ordinary daily tasks, such as cooking, shopping, or commuting. SIRA (State Insurance Regulatory Authority) administers claims under the scheme, applying guidelines that define 'threshold injuries', the minimum level of harm eligible for benefits. If injuries meet this threshold, claimants may receive weekly payments, treatment benefits, or both, depending on the severity and duration of limitations.
Medical Assessments and Evidence for Daily Activities
To support a claim for daily activity restrictions, claimants must provide medical evidence showing how injuries impact their ability to perform tasks. This includes:
- Detailed medical records from GPs, specialists, or physiotherapists
- A SIRA-approved medical report assessing functional limitations
- Evidence of pre-accident daily activities (e.g., work schedules, household responsibilities)
- Witness statements or photographs of the accident scene
SIRA requires a 'return to daily activities' assessment to determine if injuries prevent the claimant from performing ordinary tasks. For example, a rider with a neck injury may need to prove they cannot safely ride a motorcycle or perform household chores without pain.
Legal Boundaries for CTP Claims
CTP benefits are limited to 'threshold injuries' under the MAIA. If injuries are below this threshold, claimants may not qualify for weekly payments or treatment benefits. Additionally:
- Weekly benefits typically last 52 weeks unless injuries are severe enough to require long-term support
- Claimants must notify SIRA within 52 weeks of the accident to access benefits
- Disputes over injury severity may require a medical expert's opinion
If a claimant's injuries exceed threshold limits, they may also pursue a common law damages claim for additional compensation. However, CTP benefits and common law claims are separate legal pathways with different rules.
When to Seek Legal Advice
CTP claims involving daily activity limitations require careful navigation of medical and legal requirements. Claimants should consult a solicitor if:
- They are unsure if their injuries meet threshold criteria
- Their medical reports lack sufficient detail about daily activity restrictions
- They face disputes over claim eligibility
- They need help with the 52-week notification deadline
Seeking advice early ensures claimants understand their rights and can meet all requirements for benefits. Legal professionals can also help challenge incorrect decisions or disputes over injury severity.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.