How the 2017 NSW CTP Reforms Changed Pre-existing Injury Aggravation Claims
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).
If you suffered a new motor accident that worsened a pre-existing injury, the 2017 reforms to New South Wales’ Compulsory Third Party (CTP) scheme changed how claims are assessed. Before 2017, claimants often faced strict rules about proving that an accident caused new injuries. Now, the focus is on whether the accident aggravated a pre-existing condition, not whether the injury was ‘new’ or ‘old.’
Key Changes After the 2017 Reforms
The 2017 reforms shifted the legal test for pre-existing injury aggravation. Under the Motor Accident Injuries Act 2017, claimants must show that the accident caused a new injury or worsened an existing one. This means:
- Pre-existing injuries are not automatically excluded. If an accident aggravates a condition like a herniated disc or chronic back pain, you may still claim compensation.
- Medical evidence is critical. Doctors must document how the accident worsened your condition. For example, if a car crash caused a pre-existing knee injury to flare up, scans or medical reports showing this link are essential.
- Threshold injuries are treated differently. If your injury falls within the ‘threshold injury’ definition (e.g., soft tissue injuries), the 52-week statutory benefit limit may apply. However, if the aggravation caused a new injury outside this threshold, you may qualify for longer payments.
Practical Steps for Claimants
If your injury worsened due to a motor accident, take these steps:
- Seek immediate medical attention. Document all treatments, as medical records are key evidence. For example, if a pre-existing back condition flares up after a collision, a doctor’s note linking the accident to the flare-up is vital.
- Preserve accident details. Keep records of the incident, including police reports, witness statements, and photos of the damage. This helps establish the accident’s impact.
- Notify your insurer. If you’re involved in a blameless accident (e.g., a hit-and-run), contact the at-fault driver’s insurer through the Nominal Defendant scheme. This ensures you’re not left without support.
- Request a medical assessment. SIRA (State Insurance Regulatory Authority) requires an independent medical opinion to determine if the accident caused a new injury. This assessment must show a clear link between the accident and the aggravation.
Time Limits and Dispute Options
You have three years from the accident date to make a claim under the Motor Accident Injuries Act 2017. However, if your injury is a threshold injury, you may only receive benefits for 52 weeks. If the aggravation caused a new injury outside this threshold, you may qualify for longer payments.
If your claim is disputed, you can:
- Request a review by SIRA. The authority will assess whether the aggravation meets the legal definition of a new injury.
- Seek legal advice. A solicitor can help challenge a decision or negotiate a fair outcome. For example, if SIRA rejects your claim, a lawyer can argue that the medical evidence shows a clear aggravation.
Example: How Aggravation Claims Work
Imagine a cyclist with a pre-existing knee injury who crashes into a car. The accident causes the knee to flare up, leading to prolonged pain and reduced mobility. Under the 2017 reforms, the cyclist can claim compensation if:
- A doctor confirms the accident worsened the knee injury, and
- The injury falls outside the threshold injury definition (e.g., it’s more severe than a soft tissue injury).
This example shows how the reforms allow claimants to seek support for injuries that would have been dismissed under older rules.
When to Seek Legal Advice
If you’re unsure whether your injury qualifies, consult a solicitor. They can:
- Help you understand the medical and legal tests for aggravation,
- Ensure your claim includes all relevant evidence, and
- Challenge decisions that unfairly limit your benefits.
Next Steps
CTP claims depend on the accident date, injury type, and evidence. If you’re in Bega or elsewhere in NSW, contact a solicitor to review your case. Every claim is unique, and the 2017 reforms changed how pre-existing injuries are assessed. To request contact about your circumstances, complete the quick, no obligation enquiry form.