How Are Pregnancy-Related Injuries Assessed Under NSW CTP Laws?
In New South Wales, pregnancy-related injuries sustained in a motor vehicle accident are assessed under the Motor Accident Injuries Act 2017 (MAIA). SIRA (State Insurance Regulatory Authority) evaluates claims by considering both maternal and fetal injuries, focusing on medical evidence and the impact on the mother’s health. For example, if a pregnant woman suffers a fractured pelvis or internal bleeding, SIRA will assess how the injury affects her ability to work, her recovery time, and any long-term complications.
What Compensation Is Available for Pregnancy Injuries in Motor Accidents?
Under the MAIA, injured expectant mothers may claim:
- Medical treatment and care benefits for injuries requiring specialist care.
- Weekly income benefits if the injury prevents them from working.
- Damages for pain, suffering, and loss of enjoyment, if the injury meets the threshold for a common law claim.
SIRA also considers fetal injuries, such as premature birth or developmental issues, as part of the maternal claim. However, claims for fetal injuries alone are not permitted under the MAIA.
How Does SIRA Handle Claims Involving Pregnancy Complications?
SIRA requires detailed medical documentation to assess pregnancy-related injuries. This includes:
- A doctor’s report confirming the injury’s link to the accident.
- Evidence of how the injury affects the pregnancy (e.g., increased risk of preterm labour).
- Specialist opinions on long-term maternal and fetal health impacts.
For example, if a car accident causes a woman to lose her pregnancy, SIRA will evaluate the physical and emotional trauma, as well as any medical complications like hemorrhage or infection.
What Evidence Is Required to Support a Pregnancy Injury Claim?
To strengthen a claim, injured individuals should gather:
- Medical records showing the injury’s connection to the accident.
- Accident reports from police or witnesses.
- Photographs of the accident scene or vehicle damage.
- Income records to support claims for lost wages.
- Correspondence with insurers or SIRA.
It is crucial to notify SIRA of the claim within 52 weeks of the accident, as benefits for threshold injuries are generally limited after this period.
Time Limits, Disputes and When to Seek Advice
Claims must be submitted within 52 weeks of the accident for most benefits. If a dispute arises over the injury’s impact, injured individuals should seek legal advice promptly. A lawyer can help challenge SIRA’s assessment or negotiate a fair settlement, especially if the injury results in long-term complications like chronic pain or disability.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.