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).
Reversing vehicle accidents in NSW can lead to injuries requiring ongoing care, creating unique challenges for families. Under the NSW Compulsory Third Party (CTP) scheme, caregiver and family needs are addressed through specific benefits and processes. This article explains how families in Bathurst should approach claims following such incidents, based on SIRA guidelines and legal requirements.
How NSW CTP Claims Address Caregiver Needs
The Motor Accident Injuries Act 2017 governs CTP claims in NSW. While the scheme primarily focuses on injury-related benefits, families may claim for additional costs arising from the accident. SIRA's 'What You Can Claim' page states that eligible individuals can seek compensation for:
- Medical treatment and rehabilitation
- Income loss due to injury
- Caregiver expenses if the injured person requires assistance with daily living
For reversing accidents occurring on private property or driveways, the legal classification depends on factors like vehicle use and accident circumstances. SIRA guidelines clarify that caregiver costs are only recoverable if they are a direct consequence of the injury, not general household expenses.
Practical Steps for Families in Bathurst
Families should take these steps after a reversing vehicle accident:
- Document all evidence: Collect medical records, accident reports, witness statements, and photos of the scene. SIRA emphasizes that accurate records are critical for proving the extent of injuries and associated care needs.
- Notify the at-fault driver's insurer: CTP claims must be submitted to the insurer of the vehicle involved. Delays in notification may affect benefit eligibility.
- Seek medical attention promptly: Delayed treatment can impact claims, as SIRA requires evidence of injuries within 52 weeks of the accident. For soft-tissue injuries, the Motor Accident Guidelines specify that neurological signs must be documented to qualify for benefits.
- Track caregiver costs: Keep receipts and records of expenses related to care, such as home help, transportation, or equipment. These must be directly linked to the injury.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident, per the Act. However, families should note that:
- Threshold injuries (e.g., whiplash) are limited to 52 weeks of benefits unless the injury meets the whole-person impairment threshold (typically 10% or more). SIRA's 'Making a Motor Accident Claim' page explains that claims for ongoing care must demonstrate a long-term need.
- Disputes over benefits or eligibility should be resolved through SIRA's mediation process. Families may also seek independent legal advice if claims are denied.
Example Scenario
Consider a case where a Bathurst resident is injured in a reversing car park accident. The injured person requires 24/7 caregiving, leading to significant financial strain. Under the CTP scheme, the family could claim:
- Weekly income payments if the injury prevents work
- Treatment benefits for physiotherapy and medical equipment
- Caregiver expenses if the injury is classified as a threshold injury requiring long-term assistance
However, if the injury is deemed a minor soft-tissue injury without neurological signs, benefits may be limited to 52 weeks. This highlights the importance of early medical documentation.
When to Seek Legal Advice
Families should consult a solicitor if:
- The insurer disputes liability or claim validity
- Caregiver costs exceed the 52-week limit
- There are disputes over the injury's classification
Legal professionals can help navigate SIRA's complex guidelines and ensure all eligible benefits are pursued.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.