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).
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 a motor accident worsens a pre-existing injury, claimants in Albury must prove the aggravation to access NSW CTP compensation. Under the Motor Accident Injuries Act 2017, evidence must clearly link the accident to the worsened condition. This article explains what records to keep, how to document pre-existing injuries, and steps to take in Albury.
Proving Pre-existing Injury Aggravation
To claim compensation for an aggravated pre-existing injury, claimants must demonstrate that the motor accident caused a significant worsening of their condition. SIRA guidelines require evidence showing:
- A documented history of the pre-existing injury (medical records, diagnosis dates, treatment records)
- A clear connection between the accident and the aggravation (medical opinions, accident reports)
- That the aggravation caused additional harm (e.g., increased pain, reduced mobility, new symptoms)
Claimants should obtain medical records from Albury-based practitioners, including pre-accident assessments and post-accident evaluations. A doctor’s statement confirming the aggravation is critical. For example, if a pre-existing back injury worsened after a collision, imaging reports showing new damage would support the claim.
Key Records to Keep in Albury
- Medical History: All records of the pre-existing injury, including consultations, scans, and treatment plans.
- Accident Documentation: Police reports, witness statements, and photos of the scene in Albury.
- Expert Opinions: Independent medical opinions linking the accident to the aggravation.
- Income and Treatment Costs: Records of lost wages and expenses related to the worsened injury.
- CTP Notice: Proof of notifying the at-fault driver’s insurer under the CTP scheme.
Insurers in Albury may request these records to assess claims. Claimants should preserve all evidence, as the 52-week statutory benefit period under the Act may apply if the aggravation is deemed a threshold injury.
Time Limits and Dispute Resolution
Claimants must notify the CTP insurer within 52 weeks of the accident, though extensions may apply for complex cases. If disputes arise over pre-existing injuries, claimants can request a review by SIRA or seek mediation. In Albury, contacting the NSW Government’s CTP helpline or a local solicitor specialising in motor accident claims can help resolve conflicts.
When to Seek Legal Advice
If the aggravation involves long-term impairment, chronic pain, or disputes over medical causation, claimants should consult a lawyer. Albury-based legal professionals can help navigate SIRA’s requirements and ensure all evidence meets the Act’s standards.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.