Pregnancy-Related Injuries and NSW CTP Claims
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 in a car accident during pregnancy, you may have questions about your right to claim compensation under New South Wales’ Compulsory Third Party (CTP) scheme. Pregnancy-related injuries, including harm to the fetus, are covered under the Motor Accident Injuries Act 2017, but the process depends on medical evidence and the nature of your injuries. This article explains how SIRA assesses claims, what documentation is needed, and key considerations for pregnant individuals in the Illawarra and South Coast regions.
How NSW CTP Rules Apply to Pregnancy Injuries
Under the CTP scheme, injuries to the mother or fetus resulting from a motor vehicle accident are eligible for compensation. SIRA’s guidelines clarify that claims may include:
- Maternal injuries such as internal bleeding, placental abruption, or trauma affecting the uterus.
- Fetal harm like preterm labor, low birth weight, or neurological damage.
However, the injury must be directly caused by the accident and not pre-existing. SIRA evaluates claims based on medical reports, specialist opinions, and the Motor Accident Guidelines. For example, a car crash causing placental abruption would qualify, but a pregnancy complication unrelated to the accident (e.g., gestational diabetes) would not.
Practical Steps and Evidence for Pregnancy Injury Claims
To support your claim, gather:
- Medical records detailing your injuries and their connection to the accident.
- Accident reports from police or the driver’s insurance company.
- Witness statements or photographs of the scene.
- Specialist opinions from obstetricians or maternal-fetal medicine experts.
Pregnant claimants must also provide evidence of how the injury impacted your pregnancy, such as medical advice to terminate the pregnancy or complications requiring hospitalization. SIRA may require a detailed assessment of your condition and the fetus’s health.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if your injuries are classified as 'threshold injuries' (minor soft-tissue injuries). However, if your injuries are more severe (e.g., requiring surgery or long-term care), there is no strict time limit. Delays can affect your ability to claim benefits like weekly payments or treatment costs.
If your claim is disputed, SIRA may refer the matter to the NSW Civil and Administrative Tribunal (NCAT) for resolution. It’s important to seek legal advice if your injury involves complex medical issues or if the insurer denies your claim.
When to Seek Legal Advice
Pregnant individuals should consult a solicitor if:
- Your injury involves fetal harm or maternal complications.
- You’re unsure whether your injury qualifies as a 'threshold injury'.
- The insurer disputes your claim or delays processing.
A lawyer can help you navigate SIRA’s requirements, ensure all evidence is submitted, and challenge decisions that unfairly limit your compensation.
Next Steps
CTP claims for pregnancy-related injuries depend on the specific circumstances of your accident and medical evidence. To request contact about your circumstances, complete the quick, no obligation enquiry form.