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 post-traumatic stress disorder (PTSD) following a road trauma in Balmain, NSW, understanding the evidence required for a Compulsory Third Party (CTP) claim is critical. Under NSW law, PTSD is a recognized psychological injury under the Motor Accident Injuries Act 2017, but claims require specific documentation to establish the link between the accident and your condition. This article explains what evidence matters, how to retain medical records, and how SIRA’s guidelines apply to your case.
What Evidence Supports a PTSD CTP Claim?
To claim compensation for PTSD under NSW CTP rules, you must demonstrate a clear connection between the road trauma and your psychological injury. Key evidence includes:
- Medical records from licensed practitioners showing PTSD diagnosis, treatment, and ongoing care.
- Accident reports detailing the incident, including police statements or witness accounts.
- Documentation of symptoms like flashbacks, anxiety, or sleep disturbances.
- Evidence of impact on daily life, such as work absence or relationship strain.
SIRA’s guidelines emphasize that claims must align with the Motor Accident Guidelines (MAG), which define PTSD as a threshold injury. This means your condition must meet clinical criteria, including persistent re-experiencing of the trauma, avoidance of reminders, and hyperarousal.
Medical Records to Retain After a Road Trauma
Medical evidence is central to your claim. Retain:
- Diagnosis notes from your GP or psychiatrist confirming PTSD.
- Therapy records showing treatment progress and duration.
- Mental health assessments conducted after the accident.
- Medical imaging or scans if trauma-related (e.g., head injury) contributed to your condition.
SIRA advises that records should be contemporaneous with the accident and show a clear timeline of symptoms. If your treatment involves medication or therapy, ensure your records reflect this.
How SIRA’s Guidance Applies to PTSD Claims
SIRA’s What You Can Claim page clarifies that PTSD injuries are eligible for:
- Weekly income benefits if your condition prevents work.
- Treatment and care benefits for therapy or medication.
- Lump sum compensation if your injury meets the whole person impairment (WPI) threshold.
However, claims must comply with the 52-week statutory limit for benefits. If your only injuries are threshold injuries (like PTSD), weekly payments typically stop after 52 weeks, though lump sum compensation may still apply.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly benefits under the Motor Accident Injuries Act 2017. If your claim is denied, you may:
- Request a review with your insurer.
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT).
- Consult a solicitor if disputes escalate.
Disputes often arise over the severity of the injury or the adequacy of evidence. SIRA’s Making a Motor Accident Claim guide outlines steps to challenge a decision, including submitting additional medical evidence.
When to Seek Legal Advice
Contact a solicitor if:
- Your claim is denied.
- You’re unsure whether your PTSD meets CTP criteria.
- You need help navigating SIRA’s complex documentation requirements.
Legal professionals can also assist with disputes over benefit limits or the need for a medical expert’s opinion.
Next Steps
CTP claims depend on accurate evidence, timely action, and compliance with NSW rules. If your PTSD claim is denied or you’re unsure how to proceed, seek legal advice. Every claim depends on its own facts.