How SIRA Handles Pregnancy Injury Claims in NSW
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 in a car accident and suffered a pregnancy-related injury, understanding how SIRA applies the rules is critical. Under NSW’s Compulsory Third Party (CTP) scheme, injuries to a pregnant woman and her fetus are treated as injuries to the claimant. SIRA assesses both maternal and fetal injuries under the same framework as other CTP claims, but with specific considerations for pregnancy.
Key CTP Rules for Pregnancy Injuries
SIRA applies the Motor Accident Injuries Act 2017 and Motor Accident Guidelines to pregnancy injuries. For example, if a car accident causes a spinal nerve-root injury with neurological signs (even without radiculopathy), it may qualify as a 'threshold injury' under the guidelines. Fetal injuries are treated as part of the claimant’s injury, not as a separate claim. This means the same eligibility criteria apply: the injury must be caused by the accident and fall within the scheme’s scope.
What Evidence Matters for Pregnancy Claims?
To support a pregnancy injury claim, you’ll need:
- Medical records confirming the injury to the mother and fetus (e.g., ultrasound reports, obstetric notes)
- Accident reports detailing how the injury occurred
- Witness statements or photographs of the accident scene
- Documentation of any impact on the pregnancy, such as preterm labor or fetal distress
- Proof of income loss if the injury affects your ability to work
SIRA may also request a medical assessment to determine the injury’s severity and link it to the accident.
How SIRA’s Approach Differs from Standard CTP Claims
SIRA applies the same threshold injury rules to pregnancy injuries as to other claims. For example, if the injury is above the threshold (e.g., a fractured pelvis), you may be eligible for ongoing weekly benefits and treatment. However, if the injury is below threshold (e.g., a minor bruise), benefits typically stop after 52 weeks. Fetal injuries are assessed based on clinical evidence, such as fetal heart rate abnormalities or structural damage.
Practical Steps for Claimants in Albury
If you’re in Albury and have suffered a pregnancy injury in a car accident:
- Contact SIRA directly to report the claim
- Gather all medical and accident-related documentation
- Seek a medical assessment to confirm the injury’s link to the accident
- Be aware of the 52-week limit for threshold injuries
- Consider consulting a solicitor if your injury exceeds the threshold or involves complex circumstances
When to Seek Legal Advice
SIRA’s guidelines are detailed but not always straightforward. For example, if your injury involves both maternal and fetal harm, or if you’re unsure whether your injury meets the threshold, legal advice can help. A solicitor can also assist with disputes over claim eligibility or benefit amounts.
Example: How SIRA Might Assess a Pregnancy Injury
Imagine a pregnant woman involved in a collision where the impact causes fetal distress. SIRA would assess:
- Medical evidence confirming the fetal injury (e.g., abnormal heart rate)
- The mother’s injury (e.g., a fractured pelvis)
- Whether the injuries are caused by the accident
- Whether the injuries meet the threshold for benefits
In this case, both the mother and fetus would be considered under the same claim, with benefits calculated based on the combined impact.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.