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 multi-vehicle pile-up in NSW and need funding for treatment costs, the Compulsory Third Party (CTP) scheme under the Motor Accident Injuries Act 2017 provides statutory benefits. This article explains how treatment costs are funded, what evidence is needed, and practical steps to take after a crash in Bankstown.
How CTP Funding Works for Multi-Vehicle Accidents
Under NSW law, CTP claims are funded by the at-fault driver’s insurer through SIRA (State Insurance Regulatory Authority). In multi-vehicle pile-ups, liability is determined by fault, but CTP funding is not dependent on proving fault. SIRA’s guidelines state that treatment costs are covered if they are reasonably necessary for recovery, regardless of which vehicle caused the crash.
What Treatment Costs Are Covered?
SIRA covers medical treatment costs including consultations, scans, physiotherapy, and specialist care. For example, if you sustained a soft-tissue injury requiring physiotherapy after a pile-up, the insurer must fund your treatment. However, the 52-week statutory benefit rule applies: if your only injuries are threshold injuries (e.g., whiplash without significant impairment), weekly benefits and treatment funding are generally limited to 52 weeks. This is outlined in s 4.4 of the Motor Accident Injuries Act 2017.
Practical Steps to Secure Funding
- Seek immediate medical attention and keep all medical records. A doctor’s report must link your injuries to the accident.
- Document the accident: Gather witness details, photos of the vehicles, and a police report.
- Notify SIRA within 52 weeks of the accident. Delays may reduce your ability to claim treatment costs.
- Submit evidence like medical bills, treatment plans, and income records to support your claim.
- Avoid disputing fault with the insurer, SIRA handles liability assessments.
Time Limits and Dispute Options
You must notify SIRA of your claim within 52 weeks of the accident. If you dispute the funding amount or treatment coverage, you can request a review under s 3.28 of the Motor Accident Injuries Act 2017. For complex multi-vehicle cases, SIRA may involve third-party experts to assess injuries.
Example: Funding for a Soft-Tissue Injury
Consider a scenario where a driver collides with two vehicles in a pile-up. The injured passenger has a soft-tissue injury (e.g., neck strain) requiring three months of physiotherapy. SIRA would fund the treatment costs, but if the injury is classified as a threshold injury, benefits would stop after 52 weeks. This aligns with the spinal nerve-root qualification in the Motor Accident Guidelines.
When to Seek Legal Advice
While SIRA handles most claims, disputes over treatment funding or complex multi-vehicle liability may require a solicitor. A lawyer can help challenge a refusal to fund treatment or negotiate a better outcome if your injuries exceed threshold criteria.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.