Immediate Actions After a Car Accident While Pregnant in NSW
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 motor vehicle accident in NSW while pregnant, the first priority is to seek medical attention, even if you feel well. Some injuries, including those affecting the pregnancy, may not be immediately apparent. Contact emergency services if you are in danger or need urgent care. After ensuring your safety, report the accident to the police if it involved injury, property damage, or a dispute about who was at fault. You must notify your insurer as soon as possible, ideally within 28 days, to preserve your rights under the Motor Accident Injuries Act 2017.
How SIRA Handles Claims Involving Pregnancy-Related Injuries
The State Insurance Regulatory Authority (SIRA) administers the NSW Compulsory Third Party (CTP) insurance scheme. SIRA does not determine fault but oversees claims and ensures insurers comply with the law. If you were injured in a motor accident while pregnant, you may be entitled to benefits under the CTP scheme, including treatment and care benefits, weekly income payments, and, in some cases, damages.
Pregnancy-related injuries are not automatically excluded from CTP claims. If the accident caused or worsened a medical condition that affected you or your unborn child, you may be eligible for compensation. For example, if a collision caused preterm labour, placental abruption, or fetal injury, these may be considered in a claim. However, SIRA and the courts assess whether the injury was caused by the accident, not by normal pregnancy changes.
What Medical Expenses Can Be Claimed Under CTP?
You may claim for medical expenses directly related to injuries sustained in the accident, including those arising from or exacerbated by pregnancy. This includes costs for antenatal care, specialist consultations, ultrasounds, hospital stays, and treatments for conditions like pre-eclampsia, placental issues, or fetal distress that were triggered or worsened by the crash.
To support your claim, keep all receipts and records of treatment. Your medical practitioner should document how the accident contributed to your condition. For instance, if you were diagnosed with a placental abruption shortly after the crash, and your doctor links it to the trauma, that evidence strengthens your claim. SIRA and insurers will assess whether the injury is a direct result of the accident, not a pre-existing or natural pregnancy complication.
Time Limits for Making a Claim
There is a strict time limit for making a claim under the CTP scheme. You must notify your insurer within 28 days of the accident. While you may still be able to claim later, delays can affect your ability to recover benefits, especially if evidence is lost or witnesses are no longer available.
If you are claiming damages (such as for pain and suffering or loss of income), you must start legal proceedings within three years of the accident date. This is a critical deadline. For example, if the accident occurred on 15 March 2024, the claim must be commenced by 15 March 2027. Missing this deadline means you may lose your right to claim damages.
Evidence That Matters in a Pregnancy Injury Claim
The strength of your claim depends on the evidence you collect. Essential records include:
- Medical reports from your obstetrician and any specialists, clearly stating how the accident contributed to your injury.
- A police report, if one was made.
- Photographs of the vehicle damage, road conditions, and any visible injuries.
- Witness statements, if available.
- Records of any lost income due to injury or medical appointments.
- A diary of symptoms, pain levels, and how the injury has affected your daily life.
A hypothetical example: A woman was a passenger in a car that was struck from behind while stopped at a traffic light in Sydney. She was not wearing a seatbelt and sustained a whiplash injury. She later developed preterm labour and delivered her baby three weeks early. Her obstetrician confirmed that the trauma from the crash was a contributing factor to the early delivery. This medical evidence would support a claim for treatment and care benefits, and potentially for damages.
When to Seek Independent Advice
Pregnancy-related injuries can involve complex medical and legal issues. You may need to consult a medical expert to establish a causal link between the accident and your injury. If you believe the insurer is not offering a fair settlement, or if you are considering a damages claim, it is advisable to seek independent legal advice. The Motor Accident Injuries Act 2017 sets out strict rules about eligibility for damages, including the requirement to meet a threshold injury, which may not apply to all pregnancy-related injuries.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.