If you were injured as a pedestrian at a crossing in New South Wales, documenting your injuries and the accident is essential for a CTP claim. This guide explains what medical, accident and legal records are needed under NSW law, referencing SIRA guidelines and the Motor Accident Injuries Act 2017. It also covers time limits and when to seek legal advice.
What Medical Records Are Needed for a Pedestrian Crossing Injury Claim?
Under NSW CTP rules, medical documentation must prove the injury's nature, severity and connection to the accident. Key records include:
- Medical reports from doctors or specialists confirming the injury (e.g., soft tissue damage, fractures, whiplash)
- Diagnosis codes from medical professionals (e.g., ICD-10 codes for injuries)
- Imaging records like X-rays, MRIs or CT scans showing injuries
- Notes from physiotherapists or occupational therapists if rehabilitation is required
- Medical records showing treatment dates to establish when care began
SIRA guidelines stress that injuries must be 'threshold injuries' under the Motor Accident Injuries Act 2017 s 3.11 to qualify for statutory benefits. This means the injury must meet specific clinical criteria, such as spinal nerve-root damage producing neurological signs.
How to Document the Accident Scene for a Pedestrian Crossing Claim
Accurate accident documentation is crucial. Gather:
- Photographs of the scene showing road markings, traffic signs, vehicle positions and any visible injuries
- Witness statements from people who saw the incident
- Accident report from the NSW Police or local council
- Video footage from nearby cameras or smartphones
- Notes on weather conditions and time of day
SIRA advises that evidence of the accident's location and circumstances is necessary to establish the claim's validity. For example, if the pedestrian was hit at a marked crossing, the location must be clearly documented to show compliance with road safety standards.
SIRA Guidelines for Pedestrian Injury Documentation
SIRA's 'What you can claim' page outlines that pedestrian injuries must be 'injuries resulting from the accident' under the Motor Accident Injuries Act 2017. This includes:
- Treatment and care benefits for medical expenses
- Weekly income payments if the injury affects earning capacity
- Compensation for pain and suffering if the injury is above the threshold
The guidelines also clarify that injuries must be 'injuries resulting from the accident' to qualify. This means the injury must be directly caused by the motor vehicle incident, not pre-existing conditions.
Key Steps to Organize Injury Documentation for NSW CTP Claims
- Seek immediate medical attention to document the injury's impact
- Keep all medical records in a secure location
- Photograph the accident scene from multiple angles
- Record witness details including names and contact information
- Notify your insurer as soon as possible under the 52-week statutory benefit rules
- Review your claim with a legal professional if disputes arise
Under the Motor Accident Injuries Act 2017 s 4.4, claims for injuries below the threshold (e.g., minor soft tissue injuries) may be limited to 52 weeks of benefits. This means weekly payments and treatment benefits may stop after 52 weeks unless the injury meets the threshold criteria.
Time Limits and When to Seek Advice
The 52-week statutory benefit period applies to injuries that do not meet the threshold under the Motor Accident Injuries Act 2017. If your injury is above the threshold, you may be eligible for longer-term compensation. However, time limits apply:
- Statutory benefits must be claimed within 52 weeks of the accident
- Damages claims for injuries above the threshold must be started before the 52-week period ends
If you're unsure whether your injury meets the threshold or if your claim is being disputed, seek legal advice. SIRA's 'Making a motor accident claim' page explains that claims must be submitted within the statutory time limits to avoid being rejected.
Example: Documenting a Soft Tissue Injury at a Crossing
Consider a pedestrian hit at a crossing with a bruised knee and whiplash. Medical records must show:
- A diagnosis of soft tissue injury
- Clinical signs like swelling or bruising
- A treatment plan including physiotherapy
Without proper documentation, the claim may be limited to 52 weeks of benefits under the Motor Accident Injuries Act 2017. This highlights the importance of thorough record-keeping.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.