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).
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).
Overseas visitors injured in New South Wales (NSW) following a motor accident now face updated rules under the 2017 NSW Compulsory Third Party (CTP) reforms. These changes, which took effect in 2018, altered how claims are processed, what injuries qualify, and how non-residents access compensation. This article explains the key legal changes, practical steps for overseas visitors, and how to navigate the claims process in Western Sydney.
What Changed in the 2017 CTP Reforms for Overseas Visitors
The 2017 reforms introduced significant changes to NSW CTP claims, including stricter eligibility criteria and revised definitions of injuries. For overseas visitors, the most notable changes include:
- Residency requirements: Claims must now be made by a person who is a resident of NSW, or a non-resident who was in NSW at the time of the accident. This means temporary visa holders or tourists may need to meet specific residency conditions to qualify.
- Threshold injury definitions: The reforms clarified what constitutes a 'threshold injury' under the Motor Accident Injuries Act 2017. For overseas visitors, injuries must meet the updated clinical criteria outlined in the Motor Accident Guidelines, including spinal nerve-root injuries producing neurological signs.
- Time limits: Overseas visitors must notify the relevant insurer within 52 weeks of the accident. If the injury is classified as a 'threshold injury', benefits are generally limited to 52 weeks, unless the claimant can prove the injury exceeds this threshold.
Practical Steps for Overseas Visitors Making a CTP Claim
If you are an overseas visitor injured in NSW, take the following steps to support your claim:
- Seek immediate medical attention: Document all treatment records, as they will be critical in determining the nature and severity of your injury.
- Preserve accident details: Gather evidence such as police reports, witness statements, and photographs of the scene. This helps establish the circumstances of the accident.
- Notify the insurer: Contact the at-fault driver’s insurer within 52 weeks. If you are unsure who is at fault, contact the NSW Government’s Motor Accident Claims website for guidance.
- Submit a claim form: Use the official SIRA claim form, which can be accessed through the SIRA Motor Accident Claims page. Ensure all sections are completed accurately, including your residency status and the nature of your injury.
Example: A Tourist’s Claim in Western Sydney
Consider a scenario where a tourist from the United Kingdom is involved in a collision on a Western Sydney road. Under the 2017 reforms, the tourist must:
- Confirm they were in NSW at the time of the accident and have a valid visa.
- Provide medical evidence showing the injury meets the threshold criteria, such as a spinal nerve-root injury with neurological signs.
- Submit a claim within 52 weeks, ensuring all documentation reflects their non-resident status.
This example illustrates how residency and injury definitions underpin the claim process for overseas visitors.
Time Limits and Dispute Resolution
Overseas visitors must act quickly. Claims must be submitted within 52 weeks of the accident, or they may be barred under the Motor Accident Injuries Act 2017. If the claim is disputed, you may need to:
- Request a review from SIRA.
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT).
- Consult a solicitor if the dispute escalates.
When to Seek Legal Advice
The 2017 reforms introduced complex changes, particularly around injury classifications and residency requirements. If you are unsure whether your claim qualifies, or if your injury may be classified as a 'threshold injury', seek legal advice. A solicitor can help you understand your options and ensure your claim meets all eligibility criteria.
Next Steps
CTP claims for overseas visitors depend on the date of the accident, the nature of the injury, and whether the claimant meets residency requirements. To request contact about your circumstances, complete the quick, no obligation enquiry form.