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).
Psychological treatment plans are a critical element of motor accident claims in New South Wales, particularly for injuries involving mental health impacts. Under the NSW Compulsory Third Party (CTP) scheme, injured parties must provide evidence of treatment to support their claim. This article explains how to use psychological treatment plans as evidence in Bathurst, referencing SIRA guidelines and practical steps for documentation.
What Constitutes a Valid Psychological Treatment Plan?
A valid treatment plan must demonstrate a clear connection between the motor accident and the psychological injury. It should include:
- A diagnosis of a mental health condition (e.g., post-traumatic stress disorder, anxiety, depression)
- A treatment plan outlining therapy sessions, medications, or other interventions
- Documentation of how the injury affects daily functioning
- Evidence of a referral from a medical practitioner
SIRA guidelines emphasize that treatment plans must be 'sufficiently detailed to show the nature and extent of the injury' (SIRA, What you can claim). For example, a psychologist's report noting 'the claimant experienced flashbacks and hypervigilance following the accident' would satisfy this requirement.
How to Document Psychological Treatment Plans in Bathurst
Injured parties in Bathurst should:
- Obtain a treatment plan from a registered psychologist or psychiatrist
- Ensure the plan includes the date of the accident, nature of the injury, and treatment goals
- Maintain records of all therapy sessions, including notes on progress and setbacks
- Submit the plan to the relevant insurer within the 52-week statutory period
SIRA advises that 'treatment records should show a clear link between the accident and the psychological condition' (SIRA, Making a motor accident claim). For instance, a treatment plan that notes 'the claimant's symptoms began after a car accident on [date]' strengthens the case.
SIRA Guidelines for Psychological Treatment Evidence
SIRA's Motor Accident Guidelines specify that:
- Psychological injuries must meet the 'threshold injury' criteria under the Motor Accident Injuries Act 2017
- Treatment plans must be 'sufficiently detailed to show the nature and extent of the injury'
- Weekly benefits may be available for up to 52 weeks if the injury is classified as a threshold injury
For non-threshold injuries, the plan must demonstrate a 'whole person impairment' (WPI) of 10% or more. SIRA provides a WPI calculator to assess this (SIRA, What you can claim).
Practical Example: Psychological Treatment in Bathurst
Consider a claimant who suffered a traumatic brain injury (TBI) in a Bathurst car accident. Their treatment plan includes:
- A neuropsychologist's report diagnosing 'post-concussion syndrome'
- Records of 12 therapy sessions focusing on cognitive rehabilitation
- Evidence of reduced work capacity and sleep disturbances
This documentation supports a claim for both treatment benefits and weekly income payments under the CTP scheme.
Time Limits and When to Seek Advice
The 52-week statutory period applies to weekly benefits and treatment payments. After this period, claimants may need to pursue a common law damages claim if their injury meets the threshold for a 'genuine injury' (Motor Accident Injuries Act 2017 s 4.4).
In Bathurst, claimants should seek legal advice if:
- Their treatment plan is rejected by the insurer
- They receive a 'no claim' decision
- They need to dispute a WPI calculation
Next Steps
CTP claims involving psychological injuries require careful documentation to meet SIRA's evidentiary standards. While this article provides general guidance, individual circumstances may vary. To discuss your case, complete the quick, no obligation enquiry form.