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 you were injured in a car accident while pregnant in New South Wales, documenting your injuries is critical to support a Compulsory Third Party (CTP) claim. Pregnancy-related injuries require specific medical evidence to establish both maternal and fetal harm under NSW CTP rules. This guide explains what documentation matters, how SIRA evaluates pregnancy injuries, and practical steps for Albury residents.
What Medical Evidence is Needed for Pregnancy Injuries?
Under the Motor Accident Injuries Act 2017, claims for pregnancy injuries must demonstrate a direct link between the accident and maternal or fetal harm. Key evidence includes:
- Prenatal records showing pre-existing pregnancy status
- Maternal medical reports detailing injuries such as internal bleeding, placental abruption, or uterine rupture
- Fetal health assessments like ultrasounds or fetal heart monitoring results
- Specialist opinions from obstetricians or maternal-fetal medicine consultants
- Emergency care documentation from hospitals treating pregnancy-related complications
SIRA requires clear evidence of injury severity. For example, a fractured pelvis or preterm labor caused by the accident would qualify as a threshold injury under the Motor Accident Guidelines. Minor injuries like bruising may not meet the threshold unless they caused significant maternal distress or fetal harm.
How SIRA Handles Pregnancy Injury Claims
SIRA evaluates pregnancy injuries based on the same medical criteria as other CTP claims. You must submit:
- Accident reports from police or the driver's insurance company
- Witness statements from others who saw the crash
- Photographs of the vehicle damage and your injuries
- Medical imaging (X-rays, MRIs) showing injury locations
- Income records if you lost wages due to pregnancy-related medical treatment
Pregnancy-related claims may also require a maternal-fetal medicine specialist's report to establish the accident's impact on fetal development. SIRA may request a second medical opinion if the injury's connection to the accident is unclear.
Practical Steps for Albury Residents
- Seek immediate medical attention to document pregnancy-related injuries. Ensure all healthcare providers are aware of the accident.
- Collect accident details: Get a police report, photograph the scene, and note vehicle damage.
- Preserve medical records: Keep all prenatal records, specialist reports, and hospital correspondence.
- Notify your insurer within 52 weeks of the accident (the statutory deadline for benefits).
- Request a medical assessment from a SIRA-approved specialist if your injury is disputed.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if only threshold injuries are involved. If your injury exceeds the threshold (e.g., a fractured pelvis or preterm birth), benefits may continue beyond 52 weeks. However, SIRA may review or reject claims if:
- The injury is not clearly linked to the accident
- Medical evidence is incomplete
- The claimant fails to meet the threshold injury criteria
If your claim is disputed, you can request a review by SIRA's Medical Advisory Panel or seek independent legal advice. Disputes over pregnancy injuries often require expert medical testimony to prove causation.
When to Seek Legal Advice
Consult a solicitor if:
- Your injury involves fetal harm (e.g., preterm birth, stillbirth, or birth defects)
- You're unsure if your injury meets the threshold injury definition
- The accident occurred more than 52 weeks ago
- You need help navigating SIRA's medical assessment process
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.