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 while pregnant in New South Wales, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. However, pregnancy-related injuries require special attention to ensure you don't miss out on benefits. This article explains common mistakes to avoid when claiming compensation for maternal and fetal injuries after a road crash in Bathurst.
Understanding CTP Claims for Pregnancy Injuries
Under NSW law, the Motor Accident Injuries Act 2017 governs CTP claims. Pregnancy-related injuries are treated as threshold injuries if they meet specific medical criteria, such as spinal nerve-root damage or neurological signs. However, claims for fetal harm or complications like preterm labour may fall under different rules. SIRA (State Insurance Regulatory Authority) provides guidelines for assessing claims, but pregnancy injuries often require specialist medical evidence to prove the link between the accident and the injury.
A common mistake is assuming all pregnancy-related injuries qualify for benefits. For example, a minor fall causing bruising may not meet the threshold for statutory benefits, while a high-impact collision causing placental abruption could qualify. Always seek medical attention immediately to document injuries and ensure records clearly connect the accident to your condition.
Practical Steps to Avoid Claim Errors
- Document medical evidence: Keep detailed records of all prenatal and postnatal care, including scans, ultrasounds, and specialist reports. Fetal injuries like brain bleeds or limb abnormalities require specific diagnostic imaging to meet CTP criteria.
- Report the accident promptly: Notify your treating doctor and the CTP insurer within 52 weeks of the accident. Delays may jeopardise claims for treatment and income benefits, especially if injuries worsen over time.
- Understand SIRA requirements: SIRA’s guidelines state that claims must demonstrate a 'direct link' between the accident and the injury. Avoid vague statements like 'I was hurt in a car crash', instead, specify symptoms like abdominal pain, bleeding, or contractions.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident, unless an extension is granted for exceptional circumstances. If your injury is classified as a 'threshold injury' (e.g., a minor sprain), benefits may stop after 52 weeks under section 4.4 of the Motor Accident Injuries Act 2017. However, if your injury involves long-term complications like chronic pain or fetal damage, you may still qualify for ongoing support.
Disputes often arise when insurers challenge the severity of injuries. For example, a claimant who experienced a miscarriage after a collision may face scrutiny over whether the injury meets the 'neurological signs' threshold. Always request a written explanation for any claim denial and consider seeking independent medical advice if needed.
When to Seek Legal Advice
While many CTP claims are resolved through SIRA, complex cases involving pregnancy-related injuries may require legal assistance. A solicitor can help navigate issues like:
- Proving a direct link between the accident and fetal harm
- Contesting decisions to limit benefits after 52 weeks
- Ensuring all medical records are properly submitted
If you're unsure whether your claim meets the criteria, contact a legal professional before deadlines expire. General information cannot determine whether a claim is available in an individual case.
Next Steps
CTP claims for pregnancy injuries depend on accurate documentation, timely reporting, and understanding of NSW law. Avoid common errors like delayed medical care or vague injury descriptions. If you're in Bathurst and need help with a claim, complete the quick, no obligation enquiry form to request contact about your circumstances.