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 can significantly impact a person's ability to return to daily activities, and understanding how this affects NSW Compulsory Third Party (CTP) claims is essential. Under NSW law, claims for injuries caused by reversing vehicles are assessed based on the same principles as other motor accidents, but specific factors related to reversing incidents may influence compensation. This article explains how SIRA evaluates functional limitations from reversing accidents, what evidence is required to support claims, and how time limits apply.
How Reversing Accidents Affect Daily Activities Under NSW CTP Laws
Reversing accidents often occur in confined spaces like driveways, car parks, or residential areas, leading to injuries that may limit mobility or daily tasks. Under the Motor Accident Injuries Act 2017, claims for such injuries must demonstrate a connection between the accident and the person’s inability to perform routine activities. SIRA (State Insurance Regulatory Authority) assesses whether the injury meets the 'threshold injury' criteria, which includes functional limitations that prevent the person from carrying out everyday tasks.
For example, a person injured in a reversing accident may struggle with lifting groceries, climbing stairs, or driving, all of which could impact their capacity to work or manage household responsibilities. SIRA evaluates these limitations using medical evidence and the Motor Accident Guidelines, which define how injuries are classified and compensated.
Evidence Required for Daily Activity Limitations
To support a claim about daily activity restrictions after a reversing vehicle accident, injured persons must provide:
- Medical records detailing the injury’s impact on mobility or function
- Statements from healthcare professionals confirming limitations
- Evidence of how the injury affects work, self-care, or household duties
- Witness accounts or accident reports describing the incident
SIRA may also request a functional capacity assessment to evaluate the person’s ability to perform specific tasks. For instance, if a reversing accident caused a spinal nerve-root injury (as defined in the Motor Accident Guidelines), it could qualify as a 'threshold injury' even if there is no radiculopathy.
SIRA’s Approach to Compensation for Reversing Accidents
SIRA’s compensation framework for reversing accidents mirrors that of other CTP claims, but the assessment focuses on the injury’s effect on daily life. Statutory benefits like weekly income payments and treatment and care benefits are available for injuries meeting the threshold criteria. However, if the injury is classified as a 'threshold injury' only, benefits may be limited after 52 weeks under the Act.
For example, a person injured in a reversing accident who can no longer work due to mobility issues may receive weekly payments for 52 weeks. If the injury does not meet the threshold criteria, they may still claim for treatment and care costs, but not for lost income. SIRA distinguishes between 'threshold injuries' and more severe injuries that qualify for higher compensation under the Act.
Time Limits and When to Seek Advice
CTP claims in NSW must be made within a specific timeframe. While there is no strict time limit for initiating a claim, delays can affect the availability of statutory benefits. For instance, weekly income payments are generally not available if the injury is not reported within 52 weeks of the accident. Injured persons should seek legal advice promptly to ensure they meet all procedural requirements.
Disputes over compensation or injury classification may require independent medical opinions or legal review. If a claimant believes SIRA has under-estimated their functional limitations, they can request a review or seek assistance from a legal professional.
Practical Steps for Reversing Accident Claims
- Seek immediate medical attention to document the injury’s impact on daily activities
- Preserve evidence such as accident reports, witness statements, and photographs
- Notify the at-fault driver’s insurer to initiate the CTP claim process
- Keep records of how the injury affects work, self-care, or household responsibilities
- Consult a legal professional if the claim is denied or if compensation is disputed
When to Seek Legal Advice
Legal advice is recommended if:
- The injury is classified as a 'threshold injury' but the claimant believes they are entitled to more compensation
- The claimant is unsure whether their injury meets the threshold criteria
- There are disputes over the extent of functional limitations
- The claimant needs assistance navigating SIRA’s assessment process
Final Considerations
Returning to daily activities after a reversing vehicle accident can be complex, and the legal framework for CTP claims in NSW requires careful attention to evidence and timing. While SIRA provides a structured approach to assessing injuries, individual circumstances can significantly affect the outcome. Injured persons should act promptly to ensure they meet all procedural requirements and seek legal advice if their claim is denied or if they believe compensation is inadequate.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.