If a pre-existing injury is worsened by a motor accident in NSW, injured road users in Ballina may have a claim under the Compulsory Third Party (CTP) scheme. This article explains how to report such claims, what evidence is needed, and how SIRA evaluates these cases. Early action is critical to protect your rights.
How the NSW CTP Scheme Handles Pre-existing Injuries
Under the Motor Accident Injuries Act 2017, the CTP scheme covers injuries caused by motor accidents, including those that aggravate existing conditions. SIRA, the NSW government body managing CTP claims, assesses whether the aggravation is directly linked to the accident. For example, if a cyclist with a pre-existing knee injury experiences increased pain after a collision, the claim must show the accident worsened the condition.
Practical Steps After an Accident
- Seek immediate medical attention to document the aggravation. Medical records must clearly link the accident to the worsened injury.
- Report the accident to the at-fault driver’s insurer within 52 weeks of the incident. Delays may reduce benefits.
- Preserve evidence: Keep accident reports, witness statements, and photos of the scene.
- Notify SIRA if the injury requires ongoing treatment, as weekly income payments or treatment benefits may apply.
Evidence Required for SIRA Claims
SIRA requires:
- Medical records showing the pre-existing injury and its aggravation.
- Accident reports from police or the insurer.
- Witness statements confirming the accident’s details.
- Medical opinions from practitioners explaining how the accident worsened the condition. For instance, a doctor might note that the accident caused additional strain on a pre-existing knee ligament, leading to prolonged recovery.
Time Limits and Dispute Options
Claims must be reported within 52 weeks of the accident. After this period, certain benefits like weekly income payments may no longer apply. If SIRA disputes the claim, injured persons can request a review or seek independent medical opinions. However, disputes over pre-existing injuries often require expert evidence to prove the aggravation.
When to Seek Legal Advice
If the injury involves complex medical conditions, such as spinal nerve-root injuries (which may still qualify under the soft-tissue threshold if neurological signs are present), or if the claim is denied, legal advice is essential. A solicitor can help navigate SIRA’s assessment process and ensure all evidence is properly submitted.
Example Scenario
A Ballina pedestrian with a pre-existing back injury experiences increased pain after being hit by a car. Medical records show the accident caused additional strain, worsening the condition. This scenario meets the criteria for a CTP claim, as the aggravation is directly tied to the accident.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.