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 recovering from post-traumatic stress disorder (PTSD) after a road trauma in New South Wales, understanding what evidence to keep for a CTP claim is critical. NSW CTP compensation rules require clear documentation of your mental injury, treatment, and how the trauma has impacted your life. This guide explains the evidence needed, practical steps to preserve records, and time limits that may apply.
What Evidence Proves PTSD in a CTP Claim?
Under the Motor Accident Injuries Act 2017, mental injuries like PTSD must be supported by medical evidence. Key records include:
- Medical reports from a registered mental health practitioner detailing your diagnosis, symptoms, and treatment.
- Therapy records showing the frequency, duration, and nature of your sessions.
- Psychological assessments confirming the link between your trauma and PTSD.
- Diary entries or journal documenting your symptoms, triggers, and how your daily life has changed.
- Employer or school records showing reduced work capacity or attendance due to your condition.
SIRA guidelines stress that claims for mental injuries must demonstrate a clear connection between the road trauma and your psychological symptoms. For example, a therapist’s report stating, "The claimant’s PTSD symptoms began following the motor vehicle accident on [date] and are consistent with a diagnosis of acute stress disorder, " would strongly support your claim.
How to Document PTSD Symptoms and Treatment
To build a strong case, victims should:
- Seek professional help immediately after the trauma. A mental health practitioner can provide the clinical evidence needed.
- Keep all medical records in a secure location. This includes appointment confirmations, therapy notes, and any correspondence with healthcare providers.
- Track your symptoms using a journal or app. Note how your PTSD affects your sleep, concentration, or ability to perform daily tasks.
- Preserve accident details. Keep copies of police reports, witness statements, and photos of the scene. These help establish the trauma’s severity.
- a Record your treatment progress. Note improvements or setbacks in your recovery to show the ongoing impact of your injury.
SIRA’s Specific Requirements for Mental Injury Claims
SIRA’s Motor Accident Claims page outlines that mental injuries must meet the threshold injury criteria under the Motor Accident Guidelines. This means your PTSD must:
- Be diagnosed by a qualified mental health professional.
- Have a clear connection to the road trauma.
- Result in a measurable impact on your daily life or capacity to work.
For example, if your PTSD causes persistent flashbacks, avoidance of roads, or difficulty sleeping, this demonstrates the injury’s effect on your well-being. SIRA also requires evidence that your treatment has been pursued, such as therapy records or a referral to a specialist.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident, unless an extension is granted. If your PTSD symptoms develop after this period, you may need to seek legal advice to explore options. Disputes over the adequacy of your evidence can be resolved by:
- Requesting a review from SIRA.
- Seeking independent medical opinion if your claim is challenged.
- Consulting a solicitor if your claim is denied.
When to Seek Legal Advice
If your PTSD symptoms are severe, or if your claim is rejected, it’s important to seek legal guidance. A solicitor can help you:
- Navigate the CTP claims process.
- Challenge decisions that dispute your injury’s severity.
- Explore additional compensation options.
Next Steps
CTP compensation for PTSD depends on the strength of your evidence, the timing of your claim, and the impact of your injury. To request contact about your circumstances, complete the quick, no obligation enquiry form.