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've been injured in a car accident during pregnancy and are in regional New South Wales, preserving the right evidence is critical for a successful Compulsory Third Party (CTP) claim. This guide explains what medical, accident and claim-related records to keep, how regional access challenges may affect your case, and how SIRA's guidelines apply to pregnancy injuries.
NSW CTP rules for pregnancy injuries
Under the Motor Accident Injuries Act 2017, pregnancy-related injuries are treated as personal injuries under the same CTP framework as other road accident claims. SIRA's guidelines state that injuries to the mother or fetus caused by a motor vehicle accident are eligible for benefits, including medical treatment costs, lost income and care expenses. However, pregnancy injuries must be documented as either a 'threshold injury' (under the Act's definition) or a whole-person impairment to qualify for ongoing benefits.
Evidence to preserve for pregnancy injury claims
To support your claim, you must provide:
- Medical records: Detailed scans, specialist reports and obstetrician notes showing the injury's impact on your pregnancy. For example, a fetal ultrasound showing restricted growth due to trauma would be critical.
- Accident documentation: Police reports, witness statements and photographs of the crash scene. If you were a pedestrian or cyclist, evidence of how the accident affected your ability to move or access medical care is important.
- Medical expense records: Receipts for treatments like ultrasounds, scans or specialist consultations. Keep records of any additional costs, such as travel for medical appointments.
- Income and care records: Proof of lost wages, reduced work capacity and any additional care needed for your pregnancy. This includes employer statements and records of home help or transportation costs.
Regional NSW challenges and solutions
In regional areas, accessing medical specialists or timely records can be harder. If your injury requires a specialist like a maternal-fetal medicine doctor, ensure you have a referral and keep copies of all correspondence. SIRA's guidelines recommend seeking medical attention within 24 hours of an accident, even if symptoms appear later. If you face delays in accessing care, document the reasons with your healthcare provider.
Time limits and when to seek advice
You have 52 weeks from the accident date to claim benefits for 'only injuries' (threshold injuries). After this period, weekly payments typically stop unless you have a whole-person impairment. If your injury requires long-term care or has lasting effects, you may still be eligible for ongoing benefits. However, regional claimants should seek legal advice early to navigate potential delays in accessing evidence or medical assessments.
Example: Pregnancy injury claim in regional NSW
A pregnant woman involved in a car accident in regional NSW suffered a placental abruption. She kept records of her hospital visits, specialist reports showing fetal distress, and evidence of lost income due to medical leave. These documents supported her claim for medical expenses and lost wages under the CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.