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).
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 during pregnancy and live in a rural or remote area of NSW, understanding how to prepare for medical assessments under the NSW Compulsory Third Party (CTP) scheme is critical. Pregnancy-related injuries require specific evidence to support claims, and accessing appropriate medical assessments in remote areas can present unique challenges. This article explains the legal framework, practical steps, and considerations for claimants in this situation.
What Medical Evidence is Required for Pregnancy-Related Injuries?
Under the NSW CTP scheme, injuries must meet the criteria outlined in the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines. For pregnancy injuries, evidence must demonstrate a direct link between the accident and maternal or fetal harm. This includes:
- Medical records confirming pregnancy status and injury details
- Specialist reports from obstetricians or maternal-fetal medicine experts
- Ultrasound or imaging results showing fetal abnormalities
- Documentation of complications such as preterm labor, placental abruption, or fetal distress
SIRA guidelines emphasize that injuries must be 'threshold injuries', meaning they must meet the spinal nerve-root qualification under the Motor Accident Guidelines. For example, a spinal nerve-root injury causing neurological signs other than radiculopathy may still qualify as a soft-tissue injury.
How to Access Medical Assessments in Rural and Remote NSW?
Rural claimants may face barriers such as limited specialist access, long travel times, or inadequate transport. Key steps include:
- Contacting your local NSW Health area to arrange a referral to a regional obstetrician or maternal-fetal medicine specialist
- Using telehealth services where available for initial assessments
- Requesting a SIRA-approved medical expert to evaluate your claim, especially if there are disputes about injury severity
- Documenting all medical interactions in writing to establish a clear record
If you're unable to access a specialist within 52 weeks of the accident, benefits may be limited under the scheme's 'only injuries' rule. This applies when your injuries are limited to threshold injuries, as outlined in s 4.4 of the Motor Accident Injuries Act 2017.
SIRA Guidelines for Pregnancy Injuries
SIRA's Motor Accident Claims page confirms that pregnancy injuries are treated as 'maternal injuries' under the scheme. This means:
- Fetal injuries may be claimed as part of the maternal injury if they result from the accident
- Claims must be supported by evidence showing a direct causal link between the accident and the injury
- Specialist obstetric reports are essential to establish the injury's severity
The guidelines also note that pregnancy-related injuries must be assessed using the same whole-person impairment tables as other injuries. This means your claim will be evaluated based on the impact of the injury on your ability to work and your quality of life.
Practical Steps to Avoid Delays
To ensure your claim proceeds smoothly:
- Seek medical attention immediately after the accident, even if symptoms appear minor
- Preserve all accident-related evidence, including police reports, witness statements, and photographs of the scene
- Notify your insurer within 52 weeks of the accident to avoid missing time limits
- Request a medical assessment within 52 weeks if you're seeking benefits for injuries that occurred during this period
If you're experiencing delays due to rural access issues, contact SIRA directly to explain your circumstances. While the scheme has strict deadlines, exceptional circumstances may allow for extensions.
When to Seek Legal Advice
While this article provides general guidance, your specific situation may require tailored advice. Consider consulting a solicitor if:
- You're unsure whether your injury meets the threshold injury criteria
- You've experienced delays in accessing specialist care
- You're facing disputes about the severity of your injury
- You need assistance with the claims process
Final Considerations
Pregnancy injuries in motor accidents require careful documentation and specialist assessment. Rural claimants must take extra steps to ensure they meet the scheme's requirements, including timely access to obstetric care. Remember that every claim depends on its own facts, and the available options may vary based on your specific circumstances.
If you're preparing for a medical assessment in a rural area and need assistance with your CTP claim, complete the quick, no obligation enquiry form to request contact about your circumstances.