Pre-existing Injury Aggravation in NSW CTP Claims
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 were already injured before a motor accident and the crash worsened your condition, you may be eligible for compensation under NSW’s Compulsory Third Party (CTP) scheme. This article explains how NSW CTP law assesses such cases, using real-world examples from Greater Sydney.
How NSW CTP Law Assesses Pre-existing Injuries
Under the Motor Accident Injuries Act 2017, a claimant must prove that the accident aggravated a pre-existing injury. This means the accident must have caused a new or worsened condition that would not have occurred without the accident.
SIRA (State Insurance Regulatory Authority) provides guidance on this. For example, if you had a back injury before the accident and the crash caused additional pain or disability, this could be considered an aggravation.
- It’s important to note that the aggravation must be
- more than a temporary worsening*. The injury must have a
- lasting impact* on your health or ability to work.
Practical Examples from Greater Sydney
In Greater Sydney, there have been cases where drivers with pre-existing conditions were found to have aggravated injuries. One example involved a cyclist who had a history of knee surgery. After a collision, the cyclist experienced increased pain and required further treatment. SIRA determined this was an aggravation and the claimant was eligible for compensation.
Another example involved a passenger with a pre-existing neck injury. After a car accident, the passenger developed chronic pain and was diagnosed with a new condition. SIRA accepted the claim, noting the accident had worsened the existing injury.
Legal and Practical Considerations
To support your claim, you must provide evidence of your pre-existing injury and how the accident aggravated it. This includes:
- Medical records showing your condition before the accident
- Doctor’s reports linking the accident to your worsened condition
- Witness statements or accident reports
You must also notify your insurer within 52 weeks of the accident. If you fail to do so, your claim may be denied.
Disputes over aggravation are common. Insurers may argue the injury was not worsened or that the claimant failed to notify them in time. In such cases, it’s important to seek legal advice.
When to Seek Advice
If your injury worsened after a motor accident, you should contact your insurer within 52 weeks. If you’re unsure whether your claim qualifies, seek legal advice. An experienced solicitor can help you understand your options and ensure your claim is properly submitted.
Next Steps
CTP claims involving pre-existing injuries can be complex. The outcome depends on the facts of your case, the evidence you provide, and the legal interpretation of your injury. To request contact about your circumstances, complete the quick, no obligation enquiry form.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.