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 as a pedestrian at a marked crossing in Bathurst, understanding what evidence to preserve is critical for a NSW Compulsory Third Party (CTP) claim. Under NSW law, CTP insurance covers injuries caused by motor vehicles, but the process requires specific documentation. This guide explains the evidence you should keep, how SIRA’s guidelines apply, and practical steps to support your claim.
NSW CTP Rules for Pedestrian Crossing Claims
NSW CTP claims are governed by the Motor Accident Injuries Act 2017 and administered by SIRA. Pedestrians hit at marked crossings are generally eligible for compensation, but the process depends on the nature of the injury. Key principles include:
- Fault does not affect CTP entitlements, CTP covers injuries regardless of who is at fault.
- Threshold injuries are eligible for treatment and income benefits, but claims for damages depend on meeting specific impairment thresholds.
- Evidence of injury is essential to determine eligibility for benefits or damages.
Evidence and Records to Keep
To support your claim, preserve the following:
- Medical records, Include all injury assessments, imaging, and treatment notes. SIRA’s guidelines emphasize that injuries must meet the soft-tissue or threshold injury criteria.
- Accident details, Document the location, time, and circumstances. For example, if you were hit at a marked crossing, note whether traffic lights were functioning.
- Witness statements, Statements from bystanders or drivers can corroborate your account.
- Photographs, Take images of the injury, the crossing, and any damage to your clothing or footwear.
- Income records, If you’re claiming weekly income benefits, provide proof of pre-accident earnings.
A hypothetical example: A pedestrian in Bathurst was struck at a crossing and suffered a soft-tissue injury. Medical records showing neurological signs (even without radiculopathy) may qualify under SIRA’s soft-tissue definition. Preserving these records helps determine eligibility for treatment benefits.
Time Limits and When to Seek Advice
NSW CTP claims have strict deadlines. For example, weekly income benefits are generally limited to 52 weeks if only threshold injuries are involved. If your injury exceeds the threshold, you may be eligible for longer-term compensation. Always:
- Notify your insurer within 52 weeks of the accident.
- Seek legal advice if your injury involves long-term impairment or disputes over benefits.
Next Steps
CTP claims depend on the date of the accident, injury type, and evidence collected. If you’re unsure whether your claim qualifies, contact a legal professional for guidance. Time limits apply, so act promptly.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.