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 suffered a psychological injury in a motor accident in NSW, keeping detailed records of your treatment is essential for a successful CTP claim. Under the Motor Accident Injuries Act 2017, evidence of your injury and treatment must meet specific standards to qualify for compensation. This article explains what psychological records matter, how to document them, and why they are critical for claims in Greater Sydney.
What Psychological Evidence is Required for NSW CTP Claims?
The NSW CTP scheme requires evidence that your injury meets the threshold injury definition in the Motor Accident Guidelines. For psychological injuries, this typically means documented signs of a mental health condition caused by the accident. Key evidence includes:
- Medical reports from a registered psychologist or psychiatrist confirming the diagnosis.
- Treatment plans outlining the nature, frequency, and duration of therapy.
- Progress notes showing how your condition has evolved over time.
- Therapy session records with dates, duration, and clinical notes.
- Psychological assessment reports detailing the impact of the injury on daily life.
- SIRA guidelines stress that evidence must be
- objective* and
- linked to the accident*. For example, a psychologist’s report should explicitly state the injury resulted from the motor accident and not from pre-existing conditions.
How to Document Psychological Treatment Plans for CTP Claims
To meet CTP requirements, treatment records must be structured and consistent. Here’s how to document them effectively:
- Record the treatment plan in writing, including the psychologist’s assessment of the injury’s severity and expected recovery time.
- Keep all correspondence with healthcare providers, such as emails or appointment confirmations.
- Track progress with regular updates, such as pre- and post-therapy assessments.
- Maintain a log of therapy sessions, noting the date, duration, and key discussion points.
- Retain all reports from mental health professionals, including diagnostic criteria (e.g., ICD-10 codes) and treatment goals.
In Greater Sydney, some clinics use digital records. Ensure these are backed up and accessible if requested by the insurer.
Essential Records for Psychological Injury Claims Under SIRA Guidelines
SIRA’s What You Can Claim page specifies that evidence must show a direct link between the accident and the injury. For psychological claims, this means:
- Clinical records must detail the injury’s onset, symptoms, and how it affects daily functioning.
- Witness statements from family or employers may support claims of functional impairment.
- Medical imaging or test results (if applicable) to corroborate the injury.
- Proof of treatment costs (e.g., invoices) if seeking financial compensation.
A hypothetical example: If a car accident caused anxiety, a psychologist’s report stating the anxiety began after the crash and required eight sessions of CBT would be critical evidence. Without such documentation, the claim risks being denied.
Time Limits, Disputes and When to Seek Advice
CTP claims must be submitted within a reasonable time, though the exact deadline depends on the injury’s nature. For threshold injuries, the 52-week statutory benefit period applies, but psychological claims may require longer-term evidence. If your claim is disputed, you may need to:
- Request a
- review of the treatment records* by an independent assessor.
- Seek legal advice to challenge an insurer’s refusal.
- Submit additional evidence to demonstrate the injury’s ongoing impact.
If you’re unsure whether your records meet CTP standards, contact a solicitor specialising in motor accident claims. Every claim depends on its own facts.
Next Steps
CTP entitlements depend on the accident date, injury type, and evidence quality. To request contact about your circumstances, complete the quick, no obligation enquiry form.