Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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're seeking compensation for psychological injuries after a motor accident in NSW, psychological treatment plans are critical evidence. Under the Motor Accident Injuries Act 2017, claimants must demonstrate a connection between the accident and their mental health condition. This article explains what types of psychological treatment plans qualify as evidence, what records to keep, and how to meet SIRA’s requirements for claims in Auburn.
What Evidence Counts as a Valid Psychological Treatment Plan?
SIRA guidelines require treatment plans to show a direct link between the motor accident and the psychological injury. Valid evidence includes:
- A written treatment plan from a registered psychologist or psychiatrist
- Clinical notes documenting symptoms, diagnosis, and treatment goals
- A statement linking the injury to the accident (e.g., 'This anxiety is a direct result of the 2025 Auburn road accident')
- Records of therapy sessions, including dates, duration, and progress notes
The plan must be specific to your condition. Generalised mental health records without a clear connection to the accident may not be sufficient.
Key Records to Keep for Your Claim
To support your psychological treatment plan, you should retain:
- Medical records: Copies of all therapy notes, diagnosis letters, and prescriptions
- Accident details: Police reports, witness statements, and photos of the scene
- Income evidence: Pay slips or employer statements to support claims for lost wages
- Treatment records: Logs of therapy sessions, including dates and therapist notes
- Communication with insurers: Emails or letters from SIRA or the at-fault driver’s insurer
These records help prove the treatment plan’s relevance to your injury and the accident’s role in causing it. For example, a therapist’s note stating 'Client reported panic attacks triggered by the 2025 accident' directly ties the injury to the incident.
How SIRA Guidelines Apply to Psychological Claims
SIRA’s Motor Accident Claims page confirms that psychological injuries are covered under the CTP scheme, but claimants must meet specific criteria. Key points include:
- Threshold injury requirement: Your injury must meet the 'threshold injury' definition in the Motor Accident Guidelines. For psychological injuries, this often requires evidence of significant distress, impairment in daily functioning, or a clinical diagnosis
- No fault requirement: You don’t need to prove the other driver was at fault, but the accident must have caused the injury
- Time limits: You must submit your claim within 52 weeks of the accident (or 104 weeks if you’re a child). Delayed claims may face scrutiny
If your treatment plan doesn’t meet these criteria, you may need to seek a second opinion or adjust your evidence. For instance, a claimant with post-traumatic stress disorder (PTSD) should ensure their therapist documents how the accident triggered symptoms.
When to Seek Legal Advice
Disputes over psychological claims are common. Insurers may challenge the validity of your treatment plan or argue the injury isn’t severe enough. If you face such issues, legal advice can help:
- Challenge an insurer’s refusal to accept your evidence
- Navigate disputes over the 'threshold injury' standard
- Ensure your claim meets all statutory deadlines
For example, if your therapist’s notes are incomplete or your diagnosis doesn’t meet SIRA’s criteria, a lawyer can help you request additional assessments or reframe your claim.
Next Steps
Psychological injuries after a motor accident require careful documentation to meet CTP scheme requirements. By retaining detailed records of your treatment plan and linking it to the accident, you strengthen your claim. If you’re unsure whether your evidence meets SIRA’s standards, seek professional guidance to avoid delays or rejections.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.