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 cause injuries that affect daily activities, and New South Wales' Compulsory Third Party (CTP) scheme has specific rules for claims involving rehabilitation. In regional NSW, factors like access to medical services and local support networks may influence how claims are assessed. This article explains how CTP claims handle injuries from reversing accidents, focusing on rehabilitation planning and returning to daily activities.
How Reversing Accidents Impact CTP Claims
Reversing vehicle accidents often occur in driveways, car parks, or narrow roads, leading to soft-tissue injuries or more severe trauma. Under the Motor Accident Injuries Act 2017, claims depend on the injury type and whether it meets the 'threshold injury' criteria. SIRA (State Insurance Regulatory Authority) assesses daily activity limitations as part of rehabilitation planning. For example, if an injury prevents someone from cooking or cleaning, this may affect weekly income payments or treatment benefits.
Regional NSW presents unique challenges. Limited access to specialist clinics or physiotherapy services may delay recovery timelines, which SIRA considers when evaluating claims. Unlike urban areas, regional claimants might face longer waits for MRI scans or specialist consultations, impacting how injuries are documented and managed.
Practical Steps and Evidence for Daily Activity Claims
To support a CTP claim related to daily activities, injured persons should:
- Document all injuries with medical records, including activity restrictions
- Obtain a detailed assessment from a medical practitioner about daily limitations
- Keep records of how the injury affects routine tasks (e.g., cooking, shopping, mobility)
- Note any difficulties accessing local healthcare services in regional areas
SIRA uses the Motor Accident Guidelines to determine whether an injury qualifies as a 'threshold injury' under the Act. For instance, a spinal nerve-root injury causing limited mobility may still meet the threshold if it results in daily activity restrictions. However, injuries below this threshold may see benefits capped after 52 weeks.
Regional Considerations in Rehabilitation Planning
In regional NSW, rehabilitation planning may differ from urban areas due to:
- Reduced availability of specialist rehabilitation services
- Longer travel times to medical appointments
- Limited access to community support networks
- Potential delays in accessing diagnostic tests like MRI scans
These factors may influence how quickly an injured person can return to daily activities. SIRA considers such circumstances when assessing whether a claimant meets the 'return to daily activities' criteria outlined in the Motor Accident Guidelines.
Time Limits and When to Seek Advice
CTP claims have strict time limits. Most benefits must be claimed within 52 weeks of the accident, though this period may extend if the injury requires ongoing treatment. For daily activity claims, it's crucial to:
- Notify your insurer within 52 weeks of the accident
- Submit medical evidence showing how the injury affects daily tasks
- Seek legal advice if benefits are denied or if there are disputes about the injury's impact
In regional areas, delays in accessing medical services may require proactive communication with your insurer to ensure claims are processed fairly.
Example: Daily Activity Challenges in Regional NSW
Consider a person injured in a reversing car park accident who struggles to prepare meals due to hand injuries. In regional NSW, they may face difficulties accessing a physiotherapist or specialist clinic, delaying recovery. SIRA would assess whether this injury meets the threshold for weekly income payments and whether the daily activity limitation is documented sufficiently.
Next Steps for Claimants
If your reversing vehicle accident has affected your ability to perform daily activities, contact your insurer to start the CTP claim process. Time limits apply, so act promptly. For regional claimants, consider seeking legal advice to navigate potential delays in accessing services or disputes over claim outcomes.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.