Understanding Pregnancy-Related Injuries in NSW Motor Accident 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 motor vehicle accident while pregnant in New South Wales, you may have specific concerns about how your injury will be assessed and whether you are entitled to compensation. Pregnancy-related injuries are treated under the same legal framework as other motor accident injuries, but the nature of the injury, the timing of the accident, and the impact on both you and your unborn child may affect how your claim is managed. The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those involving pregnant individuals. This means that your entitlement to treatment and care benefits, weekly income payments, and potentially damages depends on the same legal principles that apply to all claimants.
How Pregnancy Injuries Are Assessed Under NSW Law
Under the MAIA, the primary consideration is whether the injury you sustained was caused by the motor accident. This includes injuries that affect your health, wellbeing, or capacity to work, as well as injuries that impact your pregnancy. The Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines set out the standards for assessing injury severity, including for conditions that arise during pregnancy. If your injury is classified as a threshold injury, you may not be eligible for damages unless you meet the threshold test. This test requires that your injury results in a permanent impairment of at least 10% of your whole person impairment (WPI), or that you have a serious injury as defined by the Act.
Pregnancy itself is not a qualifying injury for damages, but complications arising from the accident, such as preterm labour, placental abruption, fetal distress, or injury to the fetus, may be considered. The assessment of these injuries is made by an independent medical assessor, who reviews medical evidence to determine whether the injury was caused by the accident and its severity. The presence of a pregnancy does not automatically increase the value of a claim, but it may affect the nature and extent of the medical treatment required.
What Evidence Supports a Pregnancy Injury Claim?
To establish a claim for a pregnancy-related injury, you must provide evidence that links the injury to the motor accident. This includes:
- A detailed medical record from your treating practitioner documenting the injury, its onset, and its connection to the accident.
- Diagnostic imaging or test results showing fetal or maternal injury, such as ultrasound reports, MRI or CT scans, or fetal heart monitoring data.
- A report from your obstetrician or maternal-fetal medicine specialist outlining the impact of the accident on your pregnancy, including any interventions required.
- A record of any hospital admission, emergency treatment, or changes in your pregnancy management following the accident.
Photographs of the accident scene, vehicle damage, and any visible injuries sustained at the time may also support your claim. It is important to preserve all records, including correspondence with your insurer and any notes about your symptoms or treatment.
Time Limits and Procedural Requirements
There are time limits that apply to all CTP claims in NSW, including those involving pregnancy. You must notify your insurer of the claim within 3 months of the accident, or within 6 months if the injury was not immediately apparent. Failure to meet this deadline may result in your claim being denied, unless you can demonstrate a reasonable excuse.
If you are claiming for damages, you must file a claim within 3 years of the accident date. This time limit is strict and does not extend for pregnancy-related complications that emerge later. However, if your injury was not diagnosed until after the accident, the 3-year period begins from the date of diagnosis, not the accident date.
Common Mistakes in Pregnancy Injury Claims
Pregnant individuals often make several errors that can weaken their claim. These include:
- Delaying medical treatment due to concerns about fetal safety, which may result in a lack of timely evidence.
- Failing to report the accident to your insurer within the required timeframe.
- Not keeping a daily record of symptoms, pain levels, or changes in pregnancy status.
- Assuming that pregnancy complications are automatically compensable without medical evidence linking them to the accident.
It is also common to underestimate the importance of documenting how the injury has affected your daily life, including your ability to care for other children, work, or manage household responsibilities.
A Realistic Example: How a Claim Might Progress
Consider a woman who was a passenger in a car that was struck from behind while stopped at a traffic light. She was wearing a seatbelt and reported neck and back pain immediately after the crash. She was later diagnosed with a preterm labour risk and delivered her baby at 34 weeks. The baby required a short stay in the neonatal unit. Medical records confirmed that the impact of the crash contributed to the preterm labour. The claimant applied for treatment and care benefits and weekly income payments under the CTP scheme. After a medical assessment, her injury was found to meet the threshold for damages due to a 12% whole person impairment from spinal injury. She was able to claim for past and future loss of income, medical expenses, and pain and suffering.
When to Seek Independent Legal Advice
While the CTP scheme provides a structured process for claims, pregnancy-related injuries can involve complex medical and legal issues. The assessment of fetal injury, the timing of diagnosis, and the long-term impact on maternal and child health may require expert review. If your claim is disputed, or if you believe your injury has not been properly assessed, it is advisable to seek independent legal advice. You may also wish to consult a medical expert who specialises in maternal-fetal medicine to support your case.
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