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 in New South Wales, time limits for claiming compensation under the NSW Compulsory Third Party (CTP) scheme are critical. The law governing these claims is set out in the Motor Accident Injuries Act 2017 and administered by the State Insurance Regulatory Authority (SIRA). This article explains the time limits, how SIRA assesses pregnancy-related injuries, and practical steps to take after a road crash in Armidale.
Time Limits for CTP Claims
Under NSW law, claims for injuries from motor accidents must be filed within 5 years of the incident. This applies to all CTP claims, including those involving pregnancy-related injuries. However, there is a separate 52-week statutory benefit period for certain injuries. If your injuries are classified as 'threshold injuries' under the Motor Accident Guidelines, weekly benefits and treatment payments from SIRA generally stop after 52 weeks, unless you meet specific criteria for long-term impairment.
For pregnancy-related injuries, SIRA will assess whether the injury meets the threshold definition. This includes injuries to the mother or fetus that result in complications such as preterm labour, stillbirth, or maternal trauma. If the injury is not a threshold injury, you may still be eligible for common law damages through a separate legal claim, but this requires a separate process.
How SIRA Handles Pregnancy Injuries
SIRA evaluates pregnancy-related injuries based on medical evidence and the Motor Accident Guidelines. For example, if a car accident causes a pregnant woman to suffer a spinal nerve-root injury with neurological signs (even without radiculopathy), it may still qualify as a threshold injury. SIRA will review medical records, including obstetric reports and specialist opinions, to determine eligibility for statutory benefits.
If your injury results in a whole person impairment (WPI) of 10% or more, you may be eligible for additional compensation beyond the 52-week period. However, this requires a formal assessment by a medical practitioner and a claim under the Motor Accident Injuries Act 2017.
Practical Steps After a Pregnancy Injury
If you've been injured in a car accident during pregnancy, take the following steps:
- Seek immediate medical attention to document injuries to the mother and fetus. This includes obstetric care and any specialist treatment.
- Preserve evidence of the accident, such as police reports, witness statements, and photographs of the scene.
- Notify SIRA as soon as possible to start the claims process. Delays may affect your ability to receive benefits.
- Keep records of all medical treatment, income loss, and out-of-pocket expenses. These may be required to support your claim.
Example Scenario
Consider a pregnant woman involved in a collision where she sustains a spinal injury. SIRA will assess whether this injury meets the threshold definition. If it does, weekly benefits will stop after 52 weeks. However, if the injury results in a 15% WPI, she may be eligible for additional compensation through a separate claim.
When to Seek Legal Advice
The 5-year time limit for CTP claims means delays can reduce your options. If you're unsure whether your injury qualifies for benefits or if you need to pursue a common law claim, contact a legal professional. While SIRA handles statutory benefits, common law claims require separate legal action.
Next Steps
CTP entitlements depend on the date of the accident, the nature of the injury, and the evidence you provide. To request contact about your circumstances, complete the quick, no obligation enquiry form.