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 NSW car accidents can claim compensation through the NSW Compulsory Third Party (CTP) scheme, but proving daily activity restrictions requires specific evidence. The NSW government's State Insurance Regulatory Authority (SIRA) evaluates claims by assessing how injuries affect a person's ability to perform everyday tasks. This guide explains how SIRA assesses daily activity limitations, what evidence is needed, and how to pursue a claim as a non-resident.
How SIRA Assesses Daily Activity Restrictions
SIRA determines whether an injury limits daily activities by evaluating both physical and functional impairments. For overseas visitors, this includes assessing whether the injury prevents them from performing routine tasks like cooking, shopping, or personal hygiene. SIRA uses medical reports to identify whether the injury impacts mobility, coordination, or endurance. For example, if a tourist requires assistance with walking after a car accident, this would be considered a daily activity limitation.
Evidence Required for Daily Activity Claims
To support a claim, overseas visitors must provide:
- Medical records confirming the injury's impact on daily tasks
- A detailed account of how the injury affects their ability to work or manage household duties
- Witness statements or photos of the accident site
- Proof of income or financial loss due to activity restrictions
SIRA may also request a functional capacity assessment from a medical practitioner to evaluate mobility and endurance.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is classified as a 'threshold injury' under the Motor Accident Injuries Act 2017. For non-threshold injuries, claims must be made within 52 weeks of the injury being diagnosed. Overseas visitors should act quickly to ensure they meet these deadlines. If a claim is disputed, SIRA provides a formal review process, and legal advice may be necessary to challenge an adverse decision.
When to Seek Legal Advice
Overseas visitors should consult a solicitor if:
- Their injury is unclear or requires specialist medical opinion
- The insurer disputes the claim's validity
- They need assistance navigating the NSW CTP scheme
- They face language barriers or unfamiliarity with local procedures
Legal professionals can help ensure all evidence is properly submitted and that the claim aligns with NSW CTP rules.
Practical Steps for Overseas Visitors
- Seek immediate medical attention and document all treatment
- Collect evidence of daily activity limitations (e.g., difficulty walking, managing finances)
- Report the accident to the NSW police and obtain a report
- Contact the at-fault driver's insurer to initiate the claim
- Submit all evidence to SIRA within the 52-week timeframe
- Seek legal advice if the claim is denied or disputed
Overseas visitors should be aware that the NSW CTP scheme applies to all motor vehicle accidents, regardless of the driver's residency. However, claims may require additional documentation to prove how injuries affect daily life. By following these steps and providing clear evidence, overseas visitors can pursue compensation for injuries impacting their ability to perform everyday tasks.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.