If you suffered a motor accident that worsened a pre-existing injury, the 2017 NSW CTP reforms changed how your claim is assessed. This guide explains the key changes, how claimants in the Illawarra and South Coast regions are treated under current SIRA rules, and what evidence you need to support your case.
How the 2017 Reforms Changed Pre-Existing Injury Assessments
Before 2017, claims involving pre-existing injuries were often denied or limited because insurers argued the injury was not caused by the accident. The 2017 reforms clarified that aggravation of a pre-existing condition can qualify for compensation if the accident caused a material worsening of the injury.
Under the revised Motor Accident Injuries Act 2017, claimants must prove:
- The pre-existing injury existed before the accident
- The accident caused a significant deterioration in your condition
- The deterioration is not due to other factors like natural progression or poor medical care
SIRA’s updated guidelines now require detailed medical evidence showing a direct link between the accident and the worsened condition. This includes pre-accident medical records, post-accident assessments, and specialist opinions.
Evidence Required for Aggravation Claims
To support your claim, you’ll need:
- Medical records showing your condition before and after the accident
- Doctor’s reports linking the accident to the worsened injury
- Witness statements or accident reports detailing the incident
- Income evidence if your injury affected your ability to work
For example, if you had a pre-existing back injury and the accident caused a herniated disc that required surgery, your claimant must show the accident caused the herniation, not just aggravated a pre-existing condition.
Illawarra and South Coast Considerations
Claimants in the Illawarra and South Coast regions may face additional hurdles due to:
- Regional medical facilities - SIRA requires evidence that your injury is not due to limited access to specialist care in the area
- Local treatment records - Doctors in these regions may use different diagnostic criteria, so your claimant must explain how the accident caused the worsened condition
- Cultural factors - SIRA has noted higher rates of pre-existing conditions in some communities, so claims must be assessed on a case-by-case basis
Time Limits and Dispute Options
You have 2 years from the accident date to file a claim under the Motor Accident Injuries Act 2017. If your claim is disputed, you can:
- Request a review by SIRA within 30 days of the decision
- Seek independent medical assessment if your claim is rejected
- Apply to the NSW Civil and Administrative Tribunal (NCAT) for a binding decision
When to Seek Legal Advice
If your claim is denied, or if you’re unsure whether your injury qualifies as aggravated, contact a solicitor. They can:
- Help you gather the right evidence
- Challenge decisions based on SIRA guidelines
- Represent you at NCAT if needed
Next Steps
CTP claims depend on the date of your accident, the nature of your injury, and the evidence you provide. To request contact about your circumstances, complete the quick, no obligation enquiry form.