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've been in a motor accident in Bathurst and have a pre-existing injury that worsened, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This guide explains what documentation is needed to support your claim, how aggravation affects compensation, and steps to take. The NSW CTP rules require clear evidence to link the accident to your injury, and Bathurst residents should follow this checklist to strengthen their case.
Proving Pre-existing Injuries in CTP Claims
Under the Motor Accident Injuries Act 2017, insurers must compensate for injuries caused or worsened by a motor accident. However, pre-existing injuries must be documented to show the accident aggravated them. Key evidence includes:
- Medical records showing your injury existed before the accident, including dates of diagnosis, treatment history, and pre-accident functional capacity.
- Accident reports from police or witnesses detailing the incident's circumstances.
- Medical opinions from practitioners confirming the pre-existing injury was worsened by the accident.
- Photographs or videos of the accident scene, vehicle damage, and any visible injuries.
SIRA's guidelines stress that claimants must demonstrate a 'clear link' between the accident and the aggravation. For example, if you had a pre-existing knee condition and the accident caused a tear, medical evidence must show the tear was caused by the accident, not pre-existing wear and tear.
How Aggravation Affects Compensation
Aggravation of a pre-existing injury can entitle you to compensation for:
- Additional treatment costs (e.g., surgery, therapy) directly tied to the worsened injury.
- Lost income if the aggravation prevents you from working.
- Pain and suffering from the new or worsened condition.
However, the Motor Accident Injuries Act 2017 limits benefits for 'threshold injuries' (minor injuries like whiplash) after 52 weeks. If your injury falls into this category, you may need to pursue a common law damages claim for ongoing effects.
Evidence Checklist for Bathurst Claimants
To support your claim, gather:
- Pre-accident medical records (e.g., scans, doctor notes, therapy logs).
- Post-accident medical records showing worsened symptoms, new diagnoses, or treatment.
- Witness statements from people who saw the accident or noticed changes in your condition.
- Income records to prove lost earnings.
- Insurer correspondence if you've already contacted the at-fault driver's insurer.
A practical example: A cyclist with a pre-existing wrist injury may need to show that the accident caused a fracture or dislocation, not just a strain. X-rays and a doctor's report confirming the new injury are essential.
Time Limits and When to Seek Advice
You have three years from the accident date to file a CTP claim under the NSW Civil Procedure Conveyance Act 2019. However, delays can harm your case, especially if evidence is lost or medical records are unavailable. If your insurer disputes the link between the accident and your injury, or if you're unsure about your entitlements, seek legal advice promptly.
Next Steps for Bathurst Residents
If you're in Bathurst and have questions about documenting your pre-existing injury, complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts, and accurate documentation is critical to proving aggravation under NSW CTP rules.