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 you sustained a pregnancy-related injury in a car accident in NSW, the 2017 reforms to the Compulsory Third Party (CTP) scheme have changed how your claim is assessed. This article explains the key legal changes affecting pregnancy injury claims, how Albury residents can seek compensation, and what evidence is needed under the revised scheme.
How the 2017 Reforms Changed Pregnancy Injury Claims
The 2017 reforms to the Motor Accident Injuries Act 2017 shifted NSW CTP claims from a common law model to a statutory benefits system. For pregnancy injuries, this means:
- Maternal and fetal injuries are now treated as threshold injuries under the Motor Accident Guidelines. This limits common law damages claims to cases where the injury meets the whole person impairment threshold.
- Statutory benefits now cover pregnancy-related injuries. This includes weekly income payments, treatment and care benefits, and compensation for lost income. However, benefits are generally limited after 52 weeks if only threshold injuries are involved.
- SIRA (State Insurance Regulatory Authority) now assesses claims using updated guidelines that explicitly address maternal and fetal injuries. This includes injuries like placental abruption, preterm labour, or fetal distress resulting from a road accident.
Practical Steps for Pregnancy Injury Claims in Albury
If you’ve been injured in a car accident during pregnancy, take these steps:
- Seek immediate medical attention. Document all injuries, including any complications affecting your pregnancy. Medical records must show a clear link between the accident and your condition.
- Preserve accident details. Gather evidence like police reports, witness statements, and photographs of the scene. If your vehicle has a black box, check if it can provide data about the crash.
- Notify your insurer. Under the CTP scheme, you must report the accident to the at-fault driver’s insurer within 52 weeks. Delays may reduce your ability to claim benefits.
- Keep records of income loss. If your pregnancy injury caused you to stop working, provide payslips, tax returns, and medical certificates to support your claim for lost income.
Evidence Required for Pregnancy Injury Claims
SIRA requires specific evidence to support pregnancy-related claims:
- Medical documentation showing the injury’s connection to the accident. This includes ultrasound reports, specialist opinions, and records of any fetal complications.
- Accident reports from the NSW Police or the Transport for NSW (if the accident involved a public road).
- Expert opinions from obstetricians or maternal-fetal medicine specialists may be needed to prove the injury meets the threshold injury definition.
- Proof of income loss such as payslips, employment contracts, and medical certificates.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim statutory benefits under the CTP scheme. If your claim involves a threshold injury, benefits are generally limited after this period. However, if your injury meets the whole person impairment threshold, you may still pursue a common law damages claim.
Disputes over pregnancy injury claims are resolved by SIRA or the NSW Civil and Administrative Tribunal (NCAT). If your claim is rejected, you can request a review or appeal within 28 days.
When to Seek Legal Advice
The 2017 reforms have changed how pregnancy injuries are assessed. If your claim involves:
- A fetal injury (e.g., brain damage, limb abnormalities),
- Maternal complications like preterm labour or placental abruption,
- Or a dispute over the injury’s classification,
you should consult a solicitor experienced in CTP claims. Legal advice can help ensure your claim meets the new statutory requirements.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.