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 were injured in a car accident during pregnancy in New South Wales, time limits under the NSW Compulsory Third Party (CTP) scheme may affect your ability to claim compensation. This article explains the legal time limits for pregnancy-related injuries under the Motor Accident Injuries Act 2017, how SIRA handles such claims, and the importance of meeting deadlines to preserve your rights. The information applies specifically to Bankstown and other NSW locations.
Time Limits for Pregnancy Injury Claims
Under NSW CTP law, injured persons must notify the relevant insurer within 12 months of the accident. This applies to all motor vehicle accidents, including those involving pregnancy-related injuries. For example, if a pregnant woman was injured in a collision on 1 January 2026, she must inform the insurer by 31 December 2026 to preserve her claim.
The 12-month period is strict and cannot be extended unless there are exceptional circumstances, such as a medical condition preventing timely notification. SIRA guidelines state that claims must be submitted within this timeframe to be eligible for benefits like weekly payments or treatment costs. Missing this deadline may result in losing the right to claim compensation for pregnancy-related injuries, such as harm to the mother or fetus.
How SIRA Handles Pregnancy-Related Claims
SIRA (State Insurance Regulatory Authority) administers NSW CTP claims and has specific processes for pregnancy injuries. Under the Motor Accident Guidelines, injuries to the mother or fetus are treated as threshold injuries if they meet the soft-tissue criteria. This means claims for such injuries may be limited to statutory benefits like weekly income payments and treatment costs, rather than common law damages.
For example, if a pregnant woman sustained a spinal nerve-root injury during a car accident, SIRA would assess whether the injury meets the neurological signs outlined in the guidelines. If it does, the claim would be limited to the 52-week statutory benefit period. Claims for long-term impairment or future care would not be available under CTP law.
Consequences of Missing Time Limits
Failing to notify the insurer within 12 months can have serious consequences. Under the Motor Accident Injuries Act 2017, claims outside this period are generally barred, even if the injury was not immediately apparent. This applies to all CTP claims, including those involving pregnancy.
For instance, if a woman was injured in a car accident on 1 May 2025 but did not report the claim until 1 June 2026, she would lose the right to claim compensation under the CTP scheme. This applies even if the injury was related to pregnancy, such as complications requiring medical treatment.
Practical Steps for Pregnancy Injury Claims
To preserve your claim, take the following steps:
- Notify the at-fault driver’s insurer within 12 months of the accident.
- Document all medical treatment for the injury and the pregnancy, including specialist reports and ultrasound records.
- Preserve evidence of income loss, such as payslips or employer statements.
- Seek legal advice if you are unsure whether your claim meets the CTP criteria.
SIRA requires detailed medical evidence to assess pregnancy-related injuries. For example, a doctor’s report confirming a link between the accident and pregnancy complications is essential. Failing to provide this evidence may result in the claim being denied.
When to Seek Legal Advice
If you are unsure whether your pregnancy injury falls within the CTP scheme, consult a solicitor specialising in motor accident claims. Legal professionals can help determine whether your injury meets the threshold injury criteria and whether you are eligible for benefits like weekly payments or treatment costs.
In Bankstown, many injured individuals delay reporting claims, only to discover later that they have missed the 12-month deadline. This is why it is crucial to act promptly and seek guidance from an experienced solicitor.
Summary of Key Points
- Pregnancy-related injuries under NSW CTP law have a strict 12-month time limit.
- Claims must be submitted within this period to be eligible for benefits.
- SIRA treats pregnancy injuries as threshold injuries, limiting long-term compensation.
- Missing the deadline may result in losing the right to claim compensation.
- Seek legal advice if you are unsure about your claim’s eligibility.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.