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).
Spinal injuries in motor accidents require thorough documentation to support NSW CTP claims. This guide explains what evidence is needed, how SIRA evaluates claims, and steps to strengthen your case in Balmain.
What Evidence is Needed for Spinal Injuries?
CTP claims for spinal injuries must include medical evidence showing a connection between the accident and the injury. Key documents include:
- Medical records detailing the injury, diagnosis, and treatment
- Imaging reports (MRI, CT scans) showing spinal damage
- Physiotherapy or specialist notes outlining treatment plans
- Expert opinions from orthopaedic surgeons or neurologists
- Accident reports from police or witnesses
- Photographs of the accident scene and vehicle damage
SIRA expects clear evidence of a spinal injury meeting the threshold injury definition under the Motor Accident Injuries Act 2017. This includes injuries like herniated discs, spinal fractures, or nerve damage affecting mobility.
How SIRA Evaluates Spinal Injury Claims
SIRA assesses claims based on the Motor Accident Guidelines, which define threshold injuries. For spinal injuries, they look for:
- Neurological signs such as numbness, weakness, or loss of reflexes
- Clinical evidence of spinal instability or structural damage
- Impact on daily activities (e.g., difficulty walking, sitting, or lifting)
If your injury meets the threshold, you may qualify for weekly income payments and treatment benefits. However, claims involving only threshold injuries may see benefits capped after 52 weeks under s 4.4 of the Motor Accident Injuries Act 2017.
Practical Steps to Strengthen Your Claim
- Seek immediate medical attention to document the injury
- Keep all medical records and treatment receipts
- Report the accident to police and obtain a report
- Notify your insurer within 5 days of the accident (s 12(1) of the Motor Accident Injuries Act 2017)
- Request a formal assessment from a SIRA-registered medical expert
A hypothetical example: A cyclist in Balmain suffered a herniated disc after a collision. Medical records showed reduced reflexes and MRI scans confirmed the injury. The claimant documented how the injury affected their ability to work, securing weekly payments for 12 months.
Time Limits and When to Seek Advice
You have 5 years from the accident date to claim benefits under the Motor Accident Injuries Act 2017. However, delays can reduce your chances of securing full payments. If your claim involves complex spinal injuries or disputes over impairment, consult a solicitor before submitting documents to SIRA.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.