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, as both maternal and fetal harm must be assessed. This article explains the steps to take immediately after an accident, how SIRA evaluates claims involving pregnancy, and the evidence needed to support your case.
NSW CTP Rules for Pregnancy-Related Injuries
Under the Motor Accident Injuries Act 2017, CTP insurers must cover injuries caused by motor vehicle accidents, including pregnancy-related harm. SIRA, the NSW government body managing CTP claims, assesses injuries based on medical evidence and the Motor Accident Guidelines. Pregnancy injuries are treated as threshold injuries unless they meet the whole person impairment (WPI) threshold, which requires a specific level of long-term functional limitation.
For maternal injuries, medical professionals must document how the accident caused harm, such as internal bleeding, placental abruption, or fetal distress. Fetal injuries, like brain damage or limb abnormalities, must be linked to the accident through expert opinion. SIRA considers both direct and indirect impacts, such as increased risk of preterm birth or complications during delivery.
Immediate Steps After a Pregnancy-Related Car Accident
- Seek urgent medical attention to address both maternal and fetal health. Keep all medical records, including ultrasound reports, blood tests, and specialist consultations.
- Document the accident by gathering witness statements, photographs of the scene, and police reports. Note any visible injuries or symptoms experienced during or after the crash.
- Notify your insurer or SIRA within 52 weeks of the accident to avoid missing time limits for benefits. Delays may reduce the amount of weekly income payments or treatment and care benefits.
- Preserve evidence of pregnancy with medical records confirming gestational age and any pre-existing conditions that could affect the claim.
Critical Documentation for Pregnancy Injury Claims
SIRA requires detailed evidence to prove a pregnancy injury claim. Key documents include:
- Medical records showing a direct link between the accident and maternal/fetal harm.
- Accident reports from the NSW Police or private investigators.
- Witness statements from drivers, pedestrians, or bystanders.
- Financial records to support claims for lost income or additional medical expenses.
- Expert opinions from obstetricians or maternal-fetal medicine specialists.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident, though exceptions exist for complex cases. If your injury is classified as a threshold injury (e.g., minor internal bleeding without long-term impact), benefits may stop after 52 weeks unless you meet the WPI threshold. Disputes over claim value or eligibility should be resolved through SIRA’s internal review process or by seeking independent legal advice.
Example: Fetal Injury Claim
Consider a scenario where a pregnant woman sustains a whiplash injury in a low-speed collision. While the maternal injury may not meet the WPI threshold, the fetus could suffer brain damage due to oxygen deprivation during the accident. SIRA would require a specialist report confirming the fetal injury and its connection to the crash. In such cases, the claim might include both maternal treatment benefits and compensation for the fetus’s potential long-term needs.
When to Seek Legal Advice
If your injury involves complex medical conditions, disputed fault, or interstate complications, consult a solicitor specialising in NSW CTP claims. Legal professionals can help navigate SIRA’s assessment process and ensure all evidence is submitted correctly.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.