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 in New South Wales, understanding how your claim is assessed under the Compulsory Third Party (CTP) scheme is critical. Pregnancy-related injuries require special consideration under NSW law, as they can affect both the mother and the unborn child. This article explains how SIRA evaluates such claims, outlines what you may be able to claim, and provides practical steps for Ballina residents navigating the process.
How Pregnancy Injuries Are Assessed Under NSW CTP Laws
Under the Motor Accident Injuries Act 2017, pregnancy injuries are treated as personal injuries if they meet the 'threshold injury' criteria. SIRA assesses claims based on medical evidence showing the injury resulted from the accident. For example, if a pregnant woman sustains a spinal nerve-root injury during a collision, it may qualify as a threshold injury even if it doesn't cause radiculopathy, provided it produces neurological signs. However, injuries that only affect the fetus without maternal harm may not meet the criteria for compensation.
What Claims Are Available for Pregnancy Injuries?
If your injury meets the threshold, you may claim:
- Medical treatment costs (including specialist care for the mother and fetus)
- Lost income from time off work
- Compensation for pain, anxiety, or other psychological impacts
- Rehabilitation or care costs
SIRA does not cover claims for injuries that are purely fetal unless they result in maternal harm. For instance, a miscarriage caused by an accident may be eligible if medical evidence links the injury to the crash.
Practical Steps for Ballina Residents After a Pregnancy Injury Accident
- Seek immediate medical attention to document injuries affecting you or the fetus. Bring your maternity records to appointments.
- Preserve accident evidence: Gather police reports, witness statements, and photos of the scene. If the accident occurred on a car park or private driveway, note how the vehicle was used.
- Notify your insurer within 52 weeks of the accident to avoid missing statutory benefits. SIRA limits weekly payments and treatment benefits after this period for threshold injuries.
- Keep records of all medical expenses and income loss. This includes scans, specialist consultations, and time off work.
Time Limits and Dispute Resolution
You must notify SIRA within 52 weeks of the accident to claim statutory benefits. If your injury is not a threshold injury, you may still pursue a common law claim for damages, but this requires independent legal assessment. Disputes over claim validity can be resolved through SIRA's review process or by seeking legal advice.
When to Seek Independent Legal Advice
While SIRA provides a framework for claims, each case is unique. For example, if your injury involves complex fetal complications or long-term maternal health impacts, a solicitor can help ensure all claimable losses are considered. Always consult a lawyer before making decisions about settlement offers or dispute resolution.
Final Steps for Ballina Residents
If your pregnancy injury resulted from a car accident, time limits and legal nuances can affect your entitlements. Complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts, and SIRA's approach to pregnancy injuries requires careful assessment of medical evidence and injury impact.