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).
Pregnancy-related injuries caused by a motor vehicle accident may be covered under the NSW Compulsory Third Party (CTP) scheme, but eligibility depends on specific legal criteria. If you're in Greater Sydney and have sustained a pregnancy injury in a car crash, understanding how the scheme applies to your situation is critical. This article explains how the NSW CTP scheme handles maternal and fetal injuries, what claims are available, and how to proceed with SIRA.
How the NSW CTP Scheme Handles Pregnancy Injuries
The Motor Accident Injuries Act 2017 (MAIA) governs NSW CTP claims. Under this scheme, injuries caused by a motor vehicle accident are eligible for compensation, including pregnancy-related injuries. This includes harm to the mother or fetus resulting from the accident, such as physical trauma, premature labor, or complications requiring medical intervention.
SIRA (State Insurance Regulatory Authority) assesses claims based on medical evidence confirming the injury was caused by the accident. For example, if a pregnant woman suffered a fall from a car and required emergency treatment, her injury would be considered under the scheme. However, the injury must be directly linked to the accident and not pre-existing.
What Claims Are Available for Pregnancy Injuries?
Under the CTP scheme, you may claim:
- Medical treatment costs (e.g., hospital visits, specialist care)
- Weekly income payments if you're unable to work due to the injury
- Fetal injury compensation if the accident caused harm to the unborn child
- Out-of-pocket expenses like transportation to medical appointments
SIRA evaluates claims based on the severity of the injury and its impact on your ability to work or care for yourself. Pregnancy-related injuries must meet the 'threshold injury' criteria outlined in the Motor Accident Guidelines, which include specific clinical signs of harm.
Practical Steps and Evidence Needed
To support a claim, gather:
- Medical records confirming the injury and its connection to the accident
- Accident reports from police or witnesses
- Photographs of the scene and vehicle damage
- Witness statements detailing the incident
- Income records to establish lost earnings
For example, if a pregnant woman was injured in a car crash and required a C-section due to trauma, medical documentation linking the accident to the surgery would be essential. SIRA may also request a medical report from a specialist to assess the injury's impact.
Time Limits and When to Seek Advice
You have three years from the accident date to make a CTP claim under the MAIA. However, some benefits, like weekly income payments, have a 52-week limit if the injury is classified as a 'threshold injury.' If your injury exceeds this threshold, you may be eligible for longer-term support.
Disputes over eligibility are resolved by SIRA or the NSW Civil and Administrative Tribunal (NCAT). If you're unsure whether your injury meets the criteria, seek legal advice early to avoid missing deadlines.
Next Steps
CTP claims involving pregnancy injuries require careful documentation and understanding of the scheme's rules. If you're in Greater Sydney and have questions about your eligibility or the claims process, contact a legal professional to review your case. Every claim depends on its own facts, and the right guidance can help ensure you receive the support you're entitled to.
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