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 in a car accident during pregnancy in New South Wales, documenting your injuries is critical to a successful Compulsory Third Party (CTP) claim. Pregnancy-related injuries require specific evidence to demonstrate both maternal and fetal harm, as well as the impact on your health and daily life. This guide explains what documentation matters, how SIRA handles such claims, and steps to avoid common pitfalls.
What Documentation is Required for Pregnancy-Related Injuries?
CTP claims for pregnancy injuries must include evidence of both maternal and fetal harm. Key documents include:
- Medical records from obstetricians or midwives confirming pregnancy-related injuries, such as placental abruption, preterm labor, or fetal distress.
- Accident reports detailing the crash, including vehicle details, witness statements, and police reports.
- Medical imaging (e.g., ultrasounds, MRI scans) showing fetal abnormalities or maternal injuries.
- Doctor's notes explaining how the injury affects your ability to work or perform daily activities.
- Fetal health records such as ultrasound reports or fetal heart rate monitoring.
SIRA requires these documents to assess whether your injuries meet the threshold for compensation under the Motor Accident Injuries Act 2017. For example, a spinal nerve-root injury producing neurological signs (as defined in the Motor Accident Guidelines) may qualify as a soft-tissue injury.
How SIRA Handles Pregnancy Injury Claims
SIRA evaluates pregnancy injuries based on the same criteria as other CTP claims. However, unique documentation is needed to prove the injury's impact. For instance, if a crash caused preterm labor, medical records must show a direct link between the accident and the adverse pregnancy outcome. SIRA may also require evidence of increased healthcare costs or time off work due to the injury.
Common Pitfalls to Avoid
- Delaying medical attention - Seek immediate care to document injuries and establish a timeline.
- Failing to preserve evidence - Keep all medical records, accident reports, and correspondence with insurers.
- Not addressing fetal harm - Document how the injury affects the fetus, such as low birth weight or developmental delays.
- Overlooking long-term impacts - Some injuries may worsen over time, requiring ongoing medical records to support claims.
Time Limits and When to Seek Advice
You have three years from the accident date to file a CTP claim under the Motor Accident Injuries Act 2017. However, delays in gathering evidence can jeopardize your case. If your injury involves complex medical issues, such as a whole-person impairment rating, consult a solicitor early to ensure all documentation meets SIRA's standards.
Example Scenario
A pregnant woman involved in a side-impact collision experiences fetal distress and requires emergency delivery. Medical records must show the crash caused the injury, not pre-existing conditions. SIRA will assess whether the injury meets the 'threshold injury' definition under the Motor Accident Guidelines.
Next Steps
CTP claims involving pregnancy injuries require meticulous documentation to prove both maternal and fetal harm. If your case involves complex medical evidence or disputes with insurers, seek legal advice to ensure all requirements are met.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.