What happens if you sustain a pregnancy-related injury in a car accident in NSW
If you sustain an injury during pregnancy as a result of a motor accident in New South Wales, you may be entitled to compensation under the Motor Accident Injuries Act 2017 (MAIA). This law applies to all motor accidents in NSW, including those in Greater Sydney, and covers injuries to the pregnant person, including trauma to the abdomen, preterm labour, placental complications, or foetal injury. The claim is managed under the Compulsory Third Party (CTP) insurance scheme, which provides benefits regardless of fault. SIRA, the State Insurance Regulatory Authority, oversees the scheme and ensures claims are assessed according to statutory criteria.
What benefits are available for pregnancy-related injuries
Under the MAIA, you may be entitled to treatment and care benefits, weekly income payments, and, if eligible, damages for pain and suffering. Treatment and care benefits cover medical treatment, rehabilitation, and associated costs such as transport to appointments. These benefits are available for injuries that arise from the accident, including those affecting the pregnancy, such as preterm labour or placental abruption.
Weekly income payments are available if the injury results in a loss of income, including time off work due to pregnancy complications or medical recovery. These payments are not automatic and depend on the impact of the injury on your capacity to work.
A claim for damages is not available simply because you were pregnant at the time of the accident. To claim damages, your injury must result in a permanent impairment of at least 10% of the whole person, as defined by the MAIA. This is known as a threshold injury. The statutory definition includes soft tissue injuries, such as those to the neck, back, or abdomen, that result in a permanent impairment. The Motor Accident Guidelines and the Motor Accident Injuries Regulation 2017 set out how impairment is assessed, including for injuries affecting the foetus. If the injury to the mother meets the threshold, damages may be awarded, but only if the injury is serious and not solely related to pregnancy.
How the claim process works
To begin a claim, you must first seek medical attention after the accident, even if symptoms are mild. A medical practitioner must document the injury and its impact on the pregnancy. Medical records, including ultrasound reports, obstetric notes, and specialist assessments, are essential to establish a causal link between the accident and the injury.
You must notify your CTP insurer as soon as possible. While there is no strict deadline for notification under the MAIA, delays may affect the insurer’s ability to investigate the claim. You should keep a record of all communications with the insurer and medical providers.
If your injury is classified as a threshold injury, treatment and care benefits and weekly income payments are generally limited to 52 weeks after the accident, unless you have a serious injury that meets the threshold for damages. Where only threshold injuries result from the accident, weekly benefits and treatment and care benefits generally cease after 52 weeks as the MAIA provides. This applies even if the injury is pregnancy-related, unless the injury is determined to be serious and meets the criteria for damages.
What to do if your claim is denied or the offer is inadequate
If your insurer denies your claim or offers a settlement you believe is insufficient, you may request a review under the MAIA. SIRA provides a formal dispute resolution process, including mediation and, if necessary, a review by the Civil and Administrative Tribunal (NCAT). You may also seek independent legal advice to assess the strength of your claim and the adequacy of any offer.
A realistic example: Injury from a low-speed rear-end collision
A 30-year-old woman was a front seat passenger in a car that was struck from behind at low speed in Sydney’s Eastern Suburbs. She was not wearing a seatbelt and experienced sudden abdominal pain and vaginal bleeding. She was taken to hospital, where a scan revealed placental abruption and preterm labour. The foetus was delivered at 32 weeks and required intensive care. The mother was hospitalised for 10 days and unable to return to work for six weeks.
In this case, she would be entitled to treatment and care benefits for her injuries, including specialist obstetric care and psychological support. She would also be eligible for weekly income payments due to her loss of earnings. The claim for damages would depend on whether her injury resulted in a permanent impairment of at least 10% of the whole person, as assessed by a qualified medical assessor. The foetal injury may be considered in the assessment of her overall impairment, but damages would not be awarded solely for foetal loss unless it resulted in a serious injury to the mother.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.