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, documenting your injuries is critical to support your NSW CTP claim. Pregnancy-related injuries require specific evidence to prove maternal and fetal harm under the Motor Accident Injuries Act 2017 (MAIA). This guide explains what documentation matters, how SIRA evaluates claims, and steps to take. Time limits and legal nuances are also covered.
NSW CTP Rules for Pregnancy Injuries
Under the MAIA, CTP claims cover injuries sustained in motor vehicle accidents, including pregnancy-related harm. SIRA (State Insurance Regulatory Authority) administers claims and requires evidence of both maternal and fetal injuries. Pregnancy complications like preterm labor, placental abruption, or fetal distress must be documented with medical records. The scheme treats pregnancy injuries as threshold injuries if they meet the soft-tissue definition in the Motor Accident Guidelines, but severe complications may qualify for higher benefits.
Essential Documentation for Pregnancy Claims
To support your claim, gather these documents:
- Medical records detailing pregnancy complications, scans, and treatments (e.g., ultrasound reports, obstetric notes)
- Accident report from police or the driver's insurance company
- Witness statements from others who saw the crash
- Photographs of injuries or vehicle damage
- Income records if you missed work due to pregnancy-related injuries
- Doctor's opinion linking the accident to your condition, including fetal harm
SIRA emphasizes that maternity and fetal injuries must be 'reasonably foreseeable' as a result of the accident. For example, a woman who developed preterm labor after a collision would need medical evidence showing the injury was caused by the crash, not pre-existing conditions.
Practical Steps and Time Limits
Act quickly: You have 52 weeks from the accident date to claim statutory benefits for threshold injuries. After this period, weekly payments may stop unless you can prove permanent impairment. If your injury requires long-term care, you must demonstrate how the accident caused ongoing harm. Always notify your insurer within 14 days of the accident to avoid delays.
Disputes over documentation are common. If SIRA questions your claim, seek legal advice to challenge their assessment. For instance, if your medical records show a pre-existing pregnancy complication, you may need to prove the accident aggravated the condition.
When to Seek Legal Advice
Consult a lawyer if:
- You're unsure if your injury qualifies as a threshold injury
- Your claim is denied due to incomplete documentation
- You need help disputing SIRA's assessment
- You're facing a dispute over contributory fault
Legal professionals can help you navigate the 52-week statutory limit and ensure all evidence meets SIRA's standards.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.