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 a motor accident worsens a pre-existing injury, you may be eligible for compensation under NSW’s Compulsory Third Party (CTP) scheme. Proving this requires careful documentation. This article explains what evidence to gather, how to preserve records, and how the NSW CTP system evaluates claims involving pre-existing injuries in Greater Sydney.
Proving Pre-existing Injury Aggravation under NSW CTP Rules
To claim compensation for an aggravated pre-existing injury, you must show the accident caused a material worsening of your condition. The NSW CTP scheme does not cover injuries that existed before the accident unless the accident significantly worsened them. This is distinct from claims for new injuries caused by the accident.
- The
- Motor Accident Injuries Act 2017* and
- SIRA guidelines* require evidence that the accident caused a
- material worsening* of your condition. This includes:
- Medical records showing your pre-existing injury and its severity before the accident
- Evidence of the accident’s impact on your condition (e.g., worsened pain, new mobility issues, or increased medication)
- Statements from medical practitioners confirming the aggravation
If your injury was already being treated before the accident, you must demonstrate that the accident caused a significant deterioration in your recovery or health outcomes.
Key Evidence to Keep for Pre-existing Injury Claims
To support your claim, retain the following records:
Medical Documentation
- Full medical records from before and after the accident, including diagnoses, treatment plans, and progress notes
- Imaging reports (e.g., MRI, X-rays) showing pre-existing injuries
- Specialist reports confirming the aggravation
Accident Details
- Police reports, witness statements, and photographs of the accident scene
- Information about how the accident occurred (e.g., collision type, speed, or vehicle damage)
Pre-existing Injury History
- Records of prior treatments, surgeries, or consultations related to the injury
- Statements from doctors explaining how the accident worsened your condition
Financial and Work Impact
- Proof of income loss or additional medical expenses caused by the aggravation
- Statements from employers or colleagues about changes in your work capacity
Time Limits, Disputes and When to Seek Advice
- CTP claims must be made within a reasonable time of the accident, though there is no strict deadline. However, the 52-week statutory benefit period applies to injuries that are
- threshold injuries* (as defined under the
- Motor Accident Guidelines*). If your claim involves only threshold injuries, benefits may be limited after 52 weeks.
If your claim is disputed, you may need to:
- Request a review from the insurer
- Seek independent medical opinions
- Lodge a formal dispute with SIRA or the NSW Civil and Administrative Tribunal (NCAT)
In Greater Sydney, claims involving pre-existing injuries often require expert medical evidence to prove aggravation. If your case is complex, consult a solicitor specialising in NSW CTP claims to ensure your evidence meets legal standards.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.