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).
Provisional licence crashes in NSW involve unique challenges for families and caregivers, as the legal framework for CTP claims differs from standard motor accidents. This article explains how caregivers navigate NSW CTP claims, including time limits, evidence requirements, and SIRA guidance.
NSW CTP Rules for Provisional Licence Crashes
In NSW, CTP claims following provisional licence crashes are governed by the Motor Accident Injuries Act 2017. Unlike standard motor accidents, these claims often involve young drivers with limited experience, which may affect liability assessments. SIRA (State Insurance Regulatory Authority) oversees claims, ensuring entitlements align with the Act. Families must understand that CTP covers injuries, not fault, and that provisional licence drivers are not automatically excluded from claims. However, insurers may scrutinise claims involving new drivers, requiring clear evidence of injury and compliance with statutory deadlines.
Practical Steps for Families and Caregivers
Caregivers should prioritise documenting the injured person’s medical needs, as this directly impacts claim outcomes. Key evidence includes:
- Medical records confirming injury severity and treatment
- Accident reports detailing the crash circumstances
- Witness statements or police reports
- Proof of income or financial impact if the injured person is unable to work
SIRA requires claims to be submitted within 52 weeks of the accident, though extensions may apply in exceptional cases. Families should also be aware that caregivers may need to provide evidence of their own financial support if claiming for care costs.
Time Limits and Dispute Resolution
Time is critical in CTP claims. Under the Motor Accident Injuries Act 2017, claims must be submitted within 52 weeks of the accident, unless the injured person’s condition worsens after that period. If a claim is delayed, insurers may argue the injury is not a 'threshold injury' under the Act, which limits benefits after 52 weeks. Families facing disputes should seek legal advice promptly, as SIRA allows for review applications within 28 days of a decision. Disputes often arise over the classification of injuries, with SIRA relying on the Motor Accident Guidelines to determine eligibility.
Hypothetical Example
Consider a scenario where a 19-year-old with a provisional licence crashes into a car, resulting in a soft-tissue injury. The family claims care costs, but the insurer disputes the injury’s severity. SIRA would assess whether the injury meets the 'threshold injury' definition, including spinal nerve-root criteria. If the injury is classified as a threshold injury, weekly benefits and care payments may be limited after 52 weeks, requiring the family to explore alternative support options.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injured person’s condition worsens after 52 weeks
- The insurer denies a claim without clear reasoning
- Caregivers need to claim for financial support or lost income
- There are disputes over the classification of injuries
Legal advice ensures families understand their rights under the Act and how to navigate SIRA’s processes effectively.
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