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 while pregnant, understanding your rights under NSW's Compulsory Third Party (CTP) scheme is critical. Pregnancy-related injuries are assessed under the Motor Accident Injuries Act 2017, with SIRA (State Insurance Regulatory Authority) overseeing claims. This guide explains how your injury is evaluated, what compensation you may be entitled to, and the steps to take after a crash in Albury NSW.
How Pregnancy-Related Injuries Are Assessed Under NSW CTP Laws
NSW CTP laws treat pregnancy injuries as part of the broader 'threshold injury' framework. Under the Motor Accident Injuries Act 2017, a threshold injury includes harm to the mother or fetus caused by a motor vehicle accident. This can encompass physical injuries, emotional distress, and complications like preterm labour or miscarriage.
SIRA assesses claims by determining whether the injury meets the 'threshold injury' definition. For example, if a car accident causes a pregnant woman to experience a spinal nerve-root injury with neurological signs (even if not classified as radiculopathy), it may still qualify as a threshold injury. The assessment also considers whether the injury results in a whole person impairment rating, which affects eligibility for damages.
What Compensation Is Available for Pregnancy Injuries?
Under the CTP scheme, injured individuals may claim:
- Medical treatment and care benefits - to cover costs like hospital visits, scans, and specialist consultations.
- Weekly income benefits - if the injury prevents you from working, you may receive payments for up to 52 weeks.
- Damages for permanent impairment - if the injury results in long-term or permanent harm to the mother or fetus.
- Fetal injury compensation - if the accident causes harm to the unborn child, such as brain damage or developmental delays.
SIRA uses the Motor Accident Guidelines to evaluate the severity of injuries. For instance, a pregnancy complication requiring a caesarean section due to accident-related trauma may be classified as a threshold injury, entitling the mother to treatment and income benefits.
How SIRA Handles Pregnancy-Related Claims in Albury
SIRA requires detailed documentation to process claims involving pregnancy injuries. Key evidence includes:
- Medical records - showing the connection between the accident and the injury, such as ultrasound reports or specialist notes.
- Accident reports - from police or the driver's insurance company.
- Witness statements - if others saw the crash or the effects on the pregnant person.
- Photographs - of the accident scene, vehicle damage, or visible injuries.
In one example, a woman involved in a side-impact collision experienced fetal distress. Her medical team confirmed the injury was caused by the accident, and SIRA approved treatment benefits and income payments for 26 weeks. The claim was resolved without disputing the causal link between the crash and the injury.
Practical Steps to Take After a Pregnancy Injury in a Car Accident
- Seek immediate medical attention - even if you feel fine, a doctor can document any pregnancy-related complications.
- Document the accident - take photos of the scene, note the time and location, and collect witness details.
- Notify SIRA - contact the NSW CTP insurer (usually the at-fault driver's insurer) within 52 weeks of the accident to claim benefits.
- Keep records of all expenses - including medical bills, lost wages, and transportation costs.
- Consult a specialist - if your injury results in a whole person impairment rating, a solicitor can help you pursue damages.
Time Limits and Dispute Options
You must notify SIRA of your claim within 52 weeks of the accident. If your only injuries are threshold injuries, benefits are generally limited after 52 weeks. However, if your injury results in a permanent impairment rating, you may still be eligible for damages beyond this period.
If SIRA disputes your claim, you can request a review or seek independent medical opinions. The Motor Accident Injuries Act 2017 outlines procedures for challenging decisions, ensuring injured individuals have a pathway to contest unfair rulings.
When to Seek Legal Advice
While SIRA handles most claims, complex cases involving permanent impairment, fetal injuries, or disputes over the injury's cause may require legal assistance. A solicitor can help you:
- Navigate SIRA's assessment process.
- Challenge decisions that unfairly limit your benefits.
- Pursue damages for long-term harm.
Final Steps for Injured People in Albury
Pregnancy injuries in car accidents are treated under NSW CTP laws, but the process requires careful documentation and timely action. If you're unsure whether your claim meets the threshold injury criteria, or if SIRA has limited your benefits, seek professional guidance. Every claim depends on its own facts, and the right support can make a significant difference.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.