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).
After a rear-end collision on the Central Coast, injured drivers or passengers may struggle to resume daily activities. Under NSW's Compulsory Third Party (CTP) scheme, claims must demonstrate how injuries impact functional abilities. This article explains how SIRA assesses claims about returning to work, household tasks or mobility, and what evidence is needed to support such claims.
How CTP Claims Address Functional Limitations
NSW CTP claims focus on injuries that affect a person's ability to perform everyday activities. SIRA evaluates claims by considering medical evidence showing how injuries interfere with daily life. For example, if a collision causes whiplash that limits mobility, the claimant must prove how this impacts their capacity to walk, lift objects or manage household chores.
The Motor Accident Injuries Act 2017 requires claims to show a 'threshold injury', a defined level of harm that qualifies for statutory benefits. SIRA's guidelines specify that injuries must produce neurological signs or impairments that affect daily functioning. This means injuries like soft tissue damage must be linked to functional limitations, not just pain.
Evidence to Support Claims About Daily Activities
To prove how a rear-end collision has affected daily life, claimants should gather:
- Medical records showing treatment for injuries
- Statements from healthcare professionals about functional limitations
- Evidence of reduced capacity to work or perform household tasks
- Witness accounts of mobility issues or pain
- Documentation of time off work or reduced income
SIRA may request additional evidence if claims about daily activities are unclear. For instance, if a claimant says they can't lift groceries but has no medical evidence to support this, SIRA may ask for clarification.
Navigating SIRA's Functional Limitation Assessments
SIRA assesses claims by comparing the claimant's pre-accident abilities to their current capacity. For example, if a person was a nurse before the collision but now struggles to lift patients due to back injuries, this would support a claim for functional limitations.
In cases where injuries are minor but affect daily activities, claimants must show a direct link between the collision and their functional decline. SIRA's guidelines emphasize that claims must demonstrate how injuries prevent the person from performing 'ordinary daily activities' such as shopping, cooking or personal hygiene.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury' under the Motor Accident Injuries Act 2017. If the claimant's only injuries are threshold injuries, benefits may be limited after 52 weeks. For non-threshold injuries, claims can continue beyond this period.
If a claim is disputed, SIRA provides a formal review process. Claimants should seek legal advice if they believe their functional limitations are not being adequately considered.
When to Seek Legal Advice
Central Coast residents should consult a solicitor if:
- Their injuries are not clearly linked to daily activity limitations
- They face pressure to settle before their functional decline is fully assessed
- They need help navigating SIRA's complex requirements
Legal professionals can help ensure claims accurately reflect how injuries impact daily life, which is critical for securing appropriate compensation.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.