Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were injured in a car accident during pregnancy and need funding for treatment costs in Bankstown, NSW, the Compulsory Third Party (CTP) scheme may cover your expenses. This article explains how the NSW CTP scheme funds medical treatment for pregnancy-related injuries, outlines relevant SIRA guidelines, and details practical steps to take after a road crash.
How CTP Funding Works for Pregnancy Injuries
Under the Motor Accident Injuries Act 2017 (MAIA), CTP insurers must cover treatment costs for injuries caused by motor vehicle accidents, including pregnancy-related injuries. This includes medical bills, specialist consultations, and therapies needed to address maternal or fetal harm. SIRA guidelines state that pregnancy injuries are treated as personal injuries, and treatment funding is determined based on the nature of the harm, not the pregnancy itself.
For example, if a car accident causes a pregnant woman to develop a soft tissue injury (like a bruise or strain), the CTP insurer must fund treatment for both the injury and any pregnancy-related complications, such as preterm labor or fetal distress. SIRA’s What you can claim page confirms that medical treatment costs are a core part of CTP entitlements, regardless of the injury type.
Practical Steps and Evidence for Pregnancy Injuries
To claim treatment funding, you must provide evidence of the injury and its connection to the accident. Key documents include:
- Medical records showing pregnancy-related injuries (e.g., ultrasound reports, obstetric notes)
- Accident reports detailing the crash and any impact on the pregnancy
- Witness statements or police reports confirming the incident
- Doctor’s notes linking treatment to the accident
SIRA requires claims to include a medical assessment confirming the injury meets the MAIA’s threshold for treatment funding. For pregnancy injuries, this may involve specialist obstetric or maternal-fetal medicine input.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if the injury is a “threshold injury” (a soft tissue injury with neurological signs). However, if the injury is more severe (e.g., a fracture or organ damage), the 52-week limit does not apply. SIRA guidelines clarify that pregnancy-related injuries are assessed based on their specific clinical impact, not the 52-week rule.
If your claim is disputed, you can request a review by the NSW Civil and Administrative Tribunal (NCAT) or seek independent medical opinions. SIRA also provides a claims resolution process to address disagreements over treatment funding.
When to Seek Legal Advice
While CTP insurers must fund treatment costs for pregnancy injuries, disputes can arise over the scope of coverage or the 52-week deadline. For example, if your injury is classified as a threshold injury but requires ongoing treatment beyond 52 weeks, you may need to challenge the insurer’s decision. A solicitor can help you understand your rights under the MAIA and SIRA guidelines.
Next Steps
CTP funding for pregnancy injuries depends on the accident date, the nature of the harm, and the evidence you provide. If you’re unsure whether your claim qualifies, contact a legal professional for advice. Every claim depends on its own facts.
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