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 during pregnancy in a car accident in Albury, NSW, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This guide explains how the NSW CTP scheme handles pregnancy-related injuries, outlines the evidence needed to support your claim, and highlights key differences from standard motor accident claims. It also covers time limits and when to seek legal advice.
How SIRA Assesses Pregnancy-Related Injuries
The State Insurance Regulatory Authority (SIRA) administers NSW CTP claims. For pregnancy injuries, SIRA evaluates both maternal and fetal harm. This includes injuries to the abdomen, pelvis, or spine, as well as complications like preterm labour, fetal distress, or placental abruption. SIRA uses the Motor Accident Guidelines to determine if the injury meets the 'threshold injury' definition, which includes injuries requiring medical treatment and causing significant functional limitation.
Maternal injuries must demonstrate a direct link to the accident. For example, a fractured pelvis from a collision could impair mobility, while fetal injuries might involve ultrasound evidence of brain or organ damage. SIRA also considers whether the injury resulted in a 'whole person impairment' under the guidelines, which affects eligibility for long-term benefits.
Practical Steps and Evidence for Pregnancy Injuries
To support your claim, gather medical records from obstetricians, midwives, or emergency departments. These should detail the nature of the injury, treatment received, and any impact on your pregnancy. Ultrasound reports, fetal monitoring data, and specialist opinions are particularly important.
Document the accident itself. Police reports, witness statements, and photographs of the scene can help establish fault and the circumstances of the crash. If you were a pedestrian or cyclist, ensure your account is included in the insurer’s records.
Keep records of all medical expenses, lost wages, and any additional costs related to your injury. SIRA requires proof that the injury occurred as a result of the accident and that it meets the scheme’s criteria for compensation.
Key Differences for Pregnancy Claims
Pregnancy-related claims differ from standard CTP claims in two ways. First, they often involve complex medical assessments to prove both maternal and fetal harm. Second, the 52-week statutory benefit limit applies only if the injury is classified as a 'threshold injury', a distinction that can be critical for long-term claims.
For example, if a woman sustains a spinal nerve-root injury during a collision, SIRA must determine if it meets the threshold definition under the Motor Accident Guidelines. This requires clinical evidence of neurological signs beyond radiculopathy, such as impaired reflexes or muscle weakness.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim statutory benefits like weekly payments or treatment costs. However, claims for 'whole person impairment' or long-term care may require extending this period. If your injury exceeds the threshold, you may need to apply for a review under the Motor Accident Injuries Act 2017.
If your claim is denied or you’re unsure about your options, seek legal advice. A solicitor can help challenge SIRA’s assessment or negotiate a fair settlement. In Albury, local claims often involve coordinating with obstetricians and specialists to build a strong case.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.