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've been injured during pregnancy in a car accident in Newcastle or Hunter, understanding your options under NSW's Compulsory Third Party (CTP) scheme is critical. Pregnancy-related injuries, including harm to the mother or unborn child, are covered under the Motor Accident Injuries Act 2017. However, disputes over claims, whether about injury severity, benefits or compensation, require careful navigation of NSW's dispute resolution processes.
How the NSW CTP scheme handles pregnancy injuries
Under the CTP scheme, injuries to the mother and fetus are treated as separate claims. Maternal injuries, such as internal bleeding, organ damage or complications like preterm labor, are assessed using the Motor Accident Guidelines. Fetal injuries, including brain damage or limb abnormalities, are also covered as threshold injuries under the scheme.
SIRA (State Insurance Regulatory Authority) manages claims and determines eligibility. For example, a mother with a fractured pelvis following a collision may qualify for weekly income benefits and treatment coverage. Fetal injuries, like a brain bleed detected via ultrasound, are also considered 'threshold injuries' under the Motor Accident Injuries Act 2017 s 3.11.
Practical steps and evidence for pregnancy injury claims
To support your claim, gather:
- Medical records showing pregnancy-related injuries (e.g., ultrasound reports, MRI scans, obstetric notes)
- Accident reports detailing the crash's impact on your pregnancy
- Witness statements or dashcam footage
- Proof of income to establish weekly benefit needs
SIRA requires evidence of 'injury' under the guidelines. For example, a mother with a spinal nerve-root injury causing neurological signs (even without radiculopathy) may still qualify for benefits.
Time limits and dispute resolution options
Claims must be submitted within 52 weeks of the accident, though extensions may apply for complex cases. If your claim is disputed:
Internal review process
- Request a review with SIRA within 28 days of receiving a decision
- Submit new evidence (e.g., a specialist opinion on fetal injury severity)
- Receive a revised decision within 28 days
External dispute pathways
If SIRA's decision is unsatisfactory:
- Personal Injury Commission (PIC): Apply for a review of the injury assessment
- Mediation: Use the NSW Civil and Administrative Tribunal (NCAT) for disputes over benefits
- Legal challenge: File a court application to contest SIRA's interpretation of the guidelines
Example: Dispute over fetal injury
A mother involved in a collision may claim benefits for a fetus with a brain bleed. SIRA may dispute the injury's severity, requiring a specialist report to confirm the fetal injury meets the 'threshold injury' definition under the guidelines.
When to seek legal advice
Disputes over pregnancy injuries often involve complex medical and legal issues. A solicitor can:
- Challenge SIRA's interpretation of the Motor Accident Guidelines
- Pursue a common law damages claim if your injury exceeds threshold injuries
- Navigate the PIC's medical dispute pathway
Seek legal assistance if your claim is denied, or if you believe your injury meets the criteria for higher compensation.
Next steps
CTP claims involving pregnancy injuries require careful documentation and timely action. If your claim is disputed, the available options depend on the injury type, evidence strength and applicable legal timelines. To discuss your circumstances, complete the quick, no obligation enquiry form.