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're pregnant and injured in a car accident in New South Wales, understanding your rights under the Compulsory Third Party (CTP) scheme is critical. Pregnancy-related injuries require special attention due to potential risks to both mother and fetus. The first 24 hours after an accident are crucial for securing medical care, documenting injuries, and initiating a claim under the Motor Accident Injuries Act 2017. This article explains how SIRA guidelines apply to pregnancy injuries, what evidence is needed, and how time limits affect your ability to claim compensation.
Immediate steps after a pregnancy-related car accident
After a road accident involving a pregnant individual, the priority is securing medical attention. Emergency services should be contacted immediately to assess maternal and fetal health. Delayed treatment could jeopardise both the mother’s and baby’s health, as well as the viability of a compensation claim. Medical professionals will document injuries, including any signs of trauma to the abdomen, bleeding, or fetal distress. These records are essential for proving the injury’s severity and its connection to the accident.
Next, you must notify the at-fault driver’s insurance company. Under NSW CTP rules, the insurer is responsible for covering medical treatment, income loss, and other expenses. If the accident involves a registered vehicle, the green slip (insurance certificate) must be verified to confirm coverage. SIRA guidelines state that claims for pregnancy injuries must include evidence of both maternal and fetal harm, such as ultrasound reports or fetal heart monitoring data.
How SIRA handles pregnancy injury claims
SIRA (State Insurance Regulatory Authority) administers NSW CTP claims under the Motor Accident Injuries Act 2017. Pregnancy injuries are treated as threshold injuries if they meet the spinal nerve-root criteria outlined in the Motor Accident Guidelines. This means they may qualify for statutory benefits like weekly payments for income loss and treatment and care benefits. However, claims must demonstrate a direct link between the accident and the injury. For example, a fall causing abdominal trauma that results in preterm labour would be considered a threshold injury under SIRA’s definition.
A key distinction is that pregnancy-related injuries are assessed based on both maternal and fetal outcomes. If the injury leads to complications such as miscarriage, stillbirth, or long-term health issues for the baby, the claim may be eligible for higher compensation. SIRA’s guidelines also require evidence of medical treatment, such as hospital records, specialist reports, and scans, to support the claim.
Documentation needed for pregnancy injury claims
To support a pregnancy injury claim, you must gather specific evidence. This includes:
- Medical records detailing the injury’s impact on maternal and fetal health
- Ultrasound or fetal monitoring reports showing pre-existing conditions or complications
- Doctor’s notes confirming the injury’s connection to the accident
- Income records to claim weekly payments for lost earnings
- Witness statements or accident reports to establish fault
For example, if a pregnant woman sustains a whiplash injury in a car crash and later requires a Caesarean section due to complications, the claimant must provide evidence linking the accident to the medical intervention. SIRA’s guidelines state that such injuries may qualify for both statutory benefits and common law damages if the injury meets the whole person impairment threshold.
Time limits and when to seek advice
The 52-week statutory benefit period applies to pregnancy injuries under the Motor Accident Injuries Act 2017. If the only injuries are threshold injuries, weekly payments and treatment benefits are generally limited after 52 weeks. However, if the injury results in long-term impairment, the claimant may be eligible for additional compensation. It’s essential to act quickly: the 28-day time limit for reporting an accident under the CTP scheme means delays could jeopardise your ability to claim.
If you’re unsure whether your injury qualifies for benefits or if your claim is being disputed, seek legal advice. SIRA’s guidelines are complex, and pregnancy injuries require careful assessment to ensure both maternal and fetal outcomes are considered. An experienced solicitor can help navigate the process and ensure all evidence is properly submitted.
Next steps for injured road users
After a car accident involving a pregnancy-related injury, the first priority is medical care. Document the incident thoroughly, notify the insurer, and seek legal advice if your claim is denied or disputed. Time limits apply, and the unique nature of pregnancy injuries requires specialised handling under NSW CTP laws. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.