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 been injured in a reversing vehicle accident in NSW, you may be wondering how treatment costs are funded under the Compulsory Third Party (CTP) scheme. This article explains how SIRA determines funding for injuries caused by reversing vehicles, outlines key differences from standard CTP claims, and addresses practical considerations for claimants in Illawarra and South Coast.
How SIRA Funds Treatment Costs for Reversing Accidents
SIRA funds treatment costs under the Motor Accident Injuries Act 2017. For injuries caused by reversing vehicles, treatment costs are typically covered under the 'treatment and care benefits' category. This includes medical consultations, physiotherapy, and other necessary treatments. However, the funding depends on the injury being classified as a 'threshold injury' under the Motor Accident Guidelines.
Key Differences in Funding for Reversing Accidents
Unlike standard CTP claims, reversing accidents often involve driveway or car park incidents where the vehicle was stationary before reversing. SIRA assesses these claims by considering the injury's severity and whether it meets the threshold injury criteria. If the injury is below the threshold, treatment costs may be limited to 52 weeks under the statutory benefits framework.
Practical Steps for Claimants in Illawarra and South Coast
To secure funding, claimants must provide evidence of the injury's connection to the reversing accident. This includes:
- Medical records confirming the injury
- Accident reports detailing the reversing incident
- Witness statements if available
- Photographs of the accident scene
SIRA's regional offices in Wollongong and Nowra handle claims for Illawarra and South Coast. Claimants should contact these offices directly to confirm local processing times and requirements.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for treatment costs to be funded under statutory benefits. If a claim is submitted after this period, SIRA may refuse to cover treatment costs unless the injury is classified as a 'whole person impairment' under the Motor Accident Guidelines.
When to Seek Legal Advice
If your claim is denied or you're unsure about your entitlements, consult a solicitor specialising in NSW CTP claims. Legal professionals can help navigate SIRA's funding criteria and ensure all evidence is properly submitted.
Example Scenario
Consider a pedestrian injured in a reversing car park incident. SIRA would fund treatment costs if the injury meets the threshold injury definition in the Motor Accident Guidelines. However, if the injury is minor and below the threshold, treatment costs may be limited to 52 weeks.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.