Pregnancy-Related Injuries in NSW Motor Accident Claims
Pregnancy-related injuries sustained in a motor vehicle accident in New South Wales may be eligible for compensation under the Compulsory Third Party (CTP) insurance scheme. If you were injured during pregnancy as a result of a car accident, you may be entitled to treatment and care benefits, weekly income payments, and, in some cases, damages for pain and suffering. Dispute resolution options are available through the State Insurance Regulatory Authority (SIRA) and the Personal Injury Commission, particularly if your claim is denied, delayed, or if you disagree with a decision about your injury, treatment, or entitlements.
How Pregnancy-Related Injuries Are Assessed
In NSW, pregnancy-related injuries are assessed under the Motor Accident Injuries Act 2017. The law does not treat pregnancy as a separate or excluded condition. If an injury to you or your unborn child results from a motor accident, it may be considered part of your overall injury claim. This includes injuries such as preterm labour, placental abruption, or fetal distress that were caused or worsened by the accident.
The assessment of injury is based on medical evidence. The treating medical practitioner must document how the accident contributed to the injury. For example, a diagnosis of preterm labour occurring within 72 hours of a crash, supported by clinical notes and imaging, may be accepted as a direct result of the accident.
Dispute Resolution Options in Albury, NSW
If you are dissatisfied with a decision made by your CTP insurer or SIRA about your claim, several dispute resolution options are available in Albury and across NSW. These include:
- Internal review by the insurer within 28 days of receiving a decision
- Application to the Personal Injury Commission (PIC) for a review of a decision on treatment, care, or benefits
- Application to the PIC for a determination on whole person impairment (WPI) if you believe your injury is more serious than assessed
SIRA administers the CTP scheme and oversees dispute resolution. You may apply to the PIC for a review if your claim for treatment and care benefits, weekly income payments, or damages is denied or not fully granted. The PIC is an independent body that can review decisions made by insurers or SIRA.
Practical Steps and Evidence That Matter
To support a claim involving pregnancy-related injury, you should gather and preserve the following evidence:
- Medical records from the accident and subsequent treatment, including obstetric notes
- A detailed report from your treating medical practitioner explaining how the accident caused or worsened your injury
- Evidence of any fetal monitoring or ultrasound results showing changes following the crash
- Documentation of any loss of income due to injury or pregnancy complications
- Photographic evidence of vehicle damage, if available
If your pregnancy was affected, a medical report that links the accident to a change in fetal condition (e.g., reduced movement, abnormal heart rate) is critical. The Motor Accident Injuries Regulation 2017 requires that all injury claims be supported by medical evidence that establishes a causal link between the accident and the injury.
Time Limits and When to Seek Advice
There are time limits that apply to motor accident claims in NSW. You must notify your insurer of a claim within 6 months of the accident. If you are seeking damages, you must start legal proceedings within 3 years of the accident date.
If you are disputing a decision, you must apply to the Personal Injury Commission within 28 days of receiving the insurer’s written decision. Failure to meet this deadline may prevent you from pursuing a review.
A common issue in pregnancy injury claims is whether the injury was caused by the accident or was pre-existing. The insurer may dispute causation. In such cases, you may request a medical dispute resolution process through the PIC, which involves an independent medical assessment.
Hypothetical Example: Dispute Over Causation
A woman was a passenger in a car that was struck from behind in Albury on 15 May 2024. She was 22 weeks pregnant at the time. She developed severe back pain and was later diagnosed with preterm labour at 28 weeks, resulting in a premature birth. Her medical team linked the crash to the early labour. The insurer initially refused to pay treatment and care benefits, arguing that the preterm labour was not caused by the accident. She applied to the Personal Injury Commission for a review. The Commission ordered an independent medical assessment, which confirmed a causal link. The insurer was directed to pay all outstanding benefits.
When to Seek Independent Legal Advice
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.