If you sustained a pregnancy-related injury in a car accident in NSW, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains how the scheme applies to maternal and fetal injuries, focusing on the Illawarra and South Coast regions. It covers eligibility criteria, required evidence, and time limits for claims.
NSW CTP Scheme Eligibility for Pregnancy Injuries
The NSW CTP scheme covers injuries to the mother and fetus caused by a motor vehicle accident. Under the Motor Accident Injuries Act 2017, injuries include both maternal harm (e.g., internal bleeding, organ damage) and fetal injuries (e.g., brain damage, limb fractures). To qualify, the injury must meet the scheme’s definition of a 'threshold injury' or result in long-term impairment.
SIRA’s guidelines clarify that pregnancy-related injuries are assessed based on clinical evidence. For example, a mother with a spinal nerve-root injury producing neurological signs (even without radiculopathy) may qualify as a 'soft tissue injury' under the scheme. Fetal injuries must be confirmed by medical professionals, such as ultrasound or MRI reports showing structural damage.
Practical Steps and Evidence for Pregnancy Injury Claims
To support a claim, you must provide:
- Medical records documenting the injury (e.g., scans, specialist reports)
- Accident details, including police reports or witness statements
- Proof of pregnancy (e.g., ultrasound records, medical notes)
- Evidence of impact on daily life (e.g., reduced mobility, medical leave)
Special attention is needed for fetal injuries. For instance, a child born with a congenital condition linked to the accident may require a pediatric specialist’s report to establish a connection.
Time Limits and When to Seek Advice
Claims must be made within 52 weeks of the accident, unless a longer period is approved by SIRA. If the injury results in a whole-person impairment of 10% or more, the 52-week limit may be extended. However, delays can jeopardize eligibility, especially for threshold injuries.
If you’re unsure whether your injury meets the scheme’s criteria, seek legal advice promptly. SIRA’s guidelines are complex, and regional variations in medical practice may affect assessments.
Example: Assessing a Pregnancy-Related Injury
Consider a scenario where a pregnant woman sustains a fractured pelvis in a collision. Medical records confirm the injury, and the accident report links the trauma to the incident. Under the CTP scheme, the mother’s injury would qualify for treatment benefits and weekly payments. If the fetus shows signs of brain damage on MRI, the claim could also cover fetal care costs.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. General information cannot determine whether a claim is available in an individual case.