If you've suffered a motor accident in Bathurst that worsened a pre-existing injury, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. However, claimants often make errors that could reduce or block their entitlements. This article explains how SIRA evaluates aggravated pre-existing injuries, outlines common mistakes to avoid, and provides steps to strengthen your claim.
How SIRA Handles Aggravated Pre-existing Injuries
SIRA assesses whether a motor accident has worsened a pre-existing condition by comparing medical evidence before and after the incident. Under the Motor Accident Injuries Act 2017, claimants must prove the accident caused additional harm beyond their original injury. This requires:
- Medical records showing the pre-existing condition
- Evidence the accident aggravated the injury
- A link between the accident and worsened symptoms
A key mistake is failing to document the pre-existing injury adequately. For example, if you had a knee injury from a previous accident, but didn't seek treatment, SIRA may question whether the new symptoms are truly aggravated.
Common Mistakes to Avoid
- Not Seeking Immediate Medical Attention: Delayed treatment can make it harder to prove the accident worsened your condition. Seek medical care promptly after the accident.
- Failing to Document Pre-existing Injuries: Keep records of all prior treatments, specialist reports, and medical advice. Without this, SIRA may assume your current injury is unrelated.
- Misclassifying Injuries: Confusing a pre-existing injury with a new one can lead to incorrect claims. A doctor's report must explicitly show the accident caused additional harm.
- Not Reporting the Accident: Failing to notify your insurer or SIRA within the required time frame (usually 52 weeks) may result in lost benefits.
Practical Steps to Strengthen Your Claim
- Gather Medical Evidence: Obtain reports from your GP, specialists, and physiotherapists showing the pre-existing injury and its worsening.
- Keep Accident Records: Document the incident with photos, witness statements, and police reports.
- Consult a Specialist: A specialist report linking the accident to aggravated symptoms is often critical.
- Notify SIRA Promptly: Submit your claim within the 52-week statutory period for weekly benefits.
When to Seek Legal Advice
If your claim is denied or you're unsure about your options, contact a solicitor. They can help you:
- Challenge SIRA's assessment of your injury
- Navigate time limits and procedural rules
- Explore additional compensation for lost income or care costs
Example Scenario
Imagine a Bathurst resident with a pre-existing back injury from a 2020 car accident. In 2026, a new crash causes increased pain and reduced mobility. To claim compensation, they must prove the 2026 accident worsened their condition, not just caused a new injury. Without proper documentation, SIRA may reject the claim.
Next Steps
CTP claims involving pre-existing injuries depend on precise evidence and timing. To ensure your claim is assessed fairly, complete the quick, no obligation enquiry form to discuss your circumstances with a legal professional.