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, you may have a claim under NSW's Compulsory Third Party (CTP) scheme. However, time limits apply. This article explains the legal deadlines, how SIRA's rules apply to aggravation claims, and what to do if you're unsure whether your injury qualifies. The focus is on Armidale, NSW, where claimants must act quickly to preserve their right to compensation.
Legal Time Limits for Pre-existing Injury Aggravation Claims
Under NSW CTP law, claims for injuries aggravated by a motor accident must be made within a specific timeframe. The Motor Accident Injuries Act 2017 (s 4.4) states that a claim must be submitted to SIRA within 52 weeks of the accident if the injury is a 'threshold injury', a term defined in the Motor Accident Guidelines. However, if the aggravation results in a whole person impairment (a more severe injury), the time limit extends to 10 years from the date of the accident.
For example, if a person with a pre-existing knee condition experiences worsening pain after a car crash, they must notify SIRA within 52 weeks if the knee injury is classified as a threshold injury. If the aggravation leads to chronic pain requiring long-term treatment, the 10-year limit applies. Missing these deadlines could permanently bar a claim.
How SIRA's Rules Apply to Aggravation Claims
SIRA's guidelines clarify that pre-existing injuries must be 'aggravated' by the accident to qualify. This means the accident must have worsened the condition beyond its original state. For instance, a person with a pre-existing back injury who develops new neurological symptoms after a crash may have a valid claim. However, if the accident only caused temporary discomfort without worsening the existing condition, the claim may not be accepted.
SIRA requires claimants to provide medical evidence showing the aggravation. This includes:
- Medical records documenting the pre-existing injury
- Evidence of the accident (e.g., police reports, witness statements)
- A doctor's opinion linking the accident to the worsened condition
Failure to establish a clear connection between the accident and the aggravation may result in the claim being denied.
Practical Steps and Evidence to Gather
If you believe your injury has been aggravated by a motor accident, take these steps immediately:
- Seek medical attention to document the worsened condition. Ensure the treating doctor records how the accident affected your pre-existing injury.
- Preserve accident details such as police reports, photos of the scene, and witness contact information.
- Notify SIRA within 52 weeks if the injury is a threshold injury. For whole person impairment claims, act within 10 years.
- Keep records of all correspondence with insurers, including emails and letters.
If you're unsure whether your injury qualifies, contact a legal professional. SIRA may require a specialist report to assess the aggravation.
When to Seek Legal Advice
Time limits are strict and can be complex. For example, a claimant with a pre-existing spinal injury who misses the 52-week deadline for a threshold injury may lose all entitlements, even if the aggravation is significant. Legal advice is essential to:
- Determine whether the injury meets the threshold or whole person impairment criteria
- Ensure all evidence is submitted within the required timeframe
- Challenge a SIRA decision if the claim is denied
If you're in Armidale, contact a local solicitor specialising in CTP claims. They can help you navigate the process and avoid missing critical deadlines.
Conclusion
Claims for pre-existing injuries aggravated by motor accidents in NSW are subject to strict time limits. Under the CTP scheme, threshold injuries must be reported within 52 weeks, while whole person impairments have a 10-year window. SIRA's rules require clear evidence of aggravation, making it crucial to act promptly. If you're unsure whether your claim qualifies, seek legal advice immediately to protect your rights.
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