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 experienced a psychological injury following a car accident in New South Wales, understanding your rights under the NSW Compulsory Third Party (CTP) scheme is critical. Psychological injuries, such as anxiety, PTSD, or depression, are covered under the Motor Accident Injuries Act 2017 (MAIA), but securing compensation requires timely action. This article explains the early steps to take, how SIRA handles such claims, and key time limits to be aware of.
What to Do Immediately After a Psychological Injury
After a car accident, your first priority should be your safety and medical care. If you experience symptoms like flashbacks, panic attacks, or persistent sadness, seek professional help immediately. A medical practitioner must document your condition, as this forms the basis of your claim. Delaying treatment may weaken your case.
Record the accident details: Note the date, time, location, and any witnesses. If you were a pedestrian or cyclist, ensure the police report includes your account of the incident. Photos of the scene, vehicle damage, and any visible injuries are also important.
How SIRA Handles Psychological Injury Claims
The State Insurance Regulatory Authority (SIRA) administers NSW CTP claims under the MAIA. Psychological injuries are eligible for statutory benefits, including weekly income payments and treatment and care benefits. To claim these, you must notify SIRA within 52 weeks of the accident.
SIRA assesses claims based on medical evidence. A doctor must confirm your injury meets the 'threshold injury' criteria outlined in the Motor Accident Guidelines. For example, a diagnosis of post-traumatic stress disorder (PTSD) or adjustment disorder with anxiety requires specific clinical signs.
Time Limits and Statutory Benefits
Statutory benefits under the MAIA are available for 52 weeks after the accident. If your only injuries are threshold injuries, weekly payments and treatment benefits generally stop after this period. However, this does not apply to common law damages, which may still be pursued separately.
If your injury is severe enough to meet the 'whole person impairment' threshold (e.g., a 15% or greater impairment), you may qualify for additional compensation. SIRA must be notified within 52 weeks to access these benefits.
Common Mistakes to Avoid
- Delaying medical treatment: Failing to seek professional help promptly may result in your injury being deemed 'not serious enough' under the MAIA.
- Not documenting the accident: Incomplete records can hinder your claim. Ensure you have a police report, medical records, and witness statements.
- Missing the 52-week deadline: Statutory benefits expire after 52 weeks. If your injury requires ongoing treatment, you may need to pursue a common law claim.
When to Seek Legal Advice
While SIRA handles statutory benefits, common law claims (for pain, suffering, and loss of enjoyment) require legal expertise. A solicitor can help you assess whether your injury meets the threshold for damages and ensure you meet all procedural requirements.
Example Scenario
Imagine a pedestrian involved in a car accident in Sydney. They experience panic attacks and insomnia, leading to a diagnosis of adjustment disorder. They notify SIRA within 52 weeks, provide medical records, and receive weekly payments. After 52 weeks, they pursue a common law claim for ongoing psychological distress.
Next Steps
If your circumstances are unique, time limits may vary. To request contact about your case, complete the quick, no obligation enquiry form.