If you're pregnant and injured in a car accident 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 pregnancy injuries, including how NSW law treats these cases and practical steps to take.
How NSW CTP Law Applies to Pregnancy Injuries
Under the Motor Accident Injuries Act 2017 (MAIA), pregnancy injuries are treated as soft tissue injuries if they meet the threshold injury criteria. This means you may be eligible for treatment and care benefits, weekly income payments, and compensation for long-term impairments. However, the legal framework has specific rules:
- Threshold injuries include pregnancy-related complications like preterm labour, placental abruption, or fetal distress. These must meet the spinal nerve-root qualification outlined in the Motor Accident Guidelines.
- Time limits apply: If your only injuries are threshold injuries, benefits like weekly payments are generally limited to 52 weeks after the accident. This is because the MAIA focuses on 'only injuries' resulting from the accident.
- Medical evidence is critical. You must provide documentation linking your pregnancy complications to the accident, such as medical records showing pre-existing conditions versus new injuries.
Common Mistakes to Avoid
- Failing to document pregnancy-related complications. If your injury caused preterm labour or fetal harm, you must prove the accident aggravated your condition. Failing to report symptoms like contractions or bleeding immediately after the accident may weaken your claim.
- Misclassifying injuries as 'minor'. Pregnancy injuries are not automatically considered minor. For example, a car accident causing placental abruption may result in a whole person impairment rating, entitling you to long-term compensation. Avoid assuming your injury falls under the 'threshold' category without medical confirmation.
- Missing SIRA deadlines. The State Insurance Regulatory Authority (SIRA) requires claims to be submitted within 52 weeks of the accident. If your injury worsens after this period, you may lose access to weekly payments, though you can still seek compensation for permanent impairments.
- Not seeking medical attention promptly. Delayed treatment can lead to complications like miscarriage or long-term health issues. Always report your injury to a medical practitioner immediately, even if you feel unharmed at first.
- Ignoring the distinction between treatment benefits and damages. Under the MAIA, you may receive weekly income payments for 52 weeks if your injuries are threshold injuries. However, if your injury results in a whole person impairment (e.g., a 20% loss of function), you may be eligible for ongoing compensation beyond this period.
Practical Steps to Take
- Obtain medical records showing the relationship between your pregnancy complications and the accident. This includes scans, ultrasound reports, and notes from your obstetrician.
- Preserve accident details like police reports, witness statements, and photographs of your vehicle’s damage.
- Notify your insurer within 52 weeks of the accident. SIRA requires claims to be submitted during this window to access weekly payments.
- Consider a medical assessment by a specialist to determine if your injury meets the threshold injury criteria.
When to Seek Legal Advice
If your claim is denied or you’re unsure about your entitlements, consult a solicitor experienced in NSW CTP claims. They can help you:
- Challenge decisions that incorrectly classify your injury.
- Pursue compensation for long-term impairments if your injury exceeds the threshold.
- Navigate disputes with insurers over the 52-week limit.
Example: A Common Mistake
Imagine a pregnant woman involved in a low-speed collision. She experiences contractions but delays seeking medical help, assuming the symptoms are unrelated. By the time she visits a doctor, the baby has been delivered, and the injury is classified as a pre-existing condition. This mistake could result in lost weekly payments and reduced compensation.
Next Steps
CTP claims involving pregnancy injuries depend on the accident date, injury type, and evidence provided. To ensure your claim is handled correctly, complete the quick, no obligation enquiry form to request contact about your circumstances.