Time Limits for Spinal Injury Claims in NSW
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 suffered a spinal injury in a motor accident in New South Wales, understanding the time limits for claiming compensation is critical. Under the Motor Accident Injuries Act 2017 (MAIA), claims for injuries resulting from a motor accident must be made within 52 weeks of the accident date, unless the injury is classified as a 'threshold injury' under the Motor Accident Guidelines. Spinal injuries may fall into this category, but their classification depends on clinical evidence. For example, a spinal nerve-root injury with neurological signs may qualify as a threshold injury, triggering the 52-week limit. However, if the injury does not meet the threshold criteria, the time limit may extend beyond this period.
How the Civil Liability Act Applies
The Civil Liability Act 2002 governs common law claims for personal injuries, including spinal injuries, but these are separate from CTP claims. Under the Civil Liability Act, a claimant has six years from the date of injury to pursue a common law damages claim. This does not apply to CTP claims, which are governed by the MAIA. If you have both a CTP claim and a common law claim, the time limits operate independently.
Practical Steps and Evidence
To comply with time limits, you must:
- Seek immediate medical attention to document the injury.
- Preserve evidence such as accident reports, witness statements, and photographs.
- Notify your insurer or the at-fault driver's insurer within 52 weeks of the accident.
- Submit a claim to the NSW Government’s Spinal Injuries and Trauma Service (SIRA) if the injury meets threshold criteria.
Medical records are crucial. A doctor must confirm whether your spinal injury qualifies as a threshold injury under the Motor Accident Guidelines. This determination affects whether the 52-week limit applies.
When to Seek Legal Advice
Time limits are strict. If your spinal injury does not meet the threshold criteria, the 52-week limit does not apply, but you must still act promptly to preserve your claim. Delays in seeking medical treatment or failing to notify insurers may weaken your case. Legal advice is essential to navigate the distinction between CTP benefits and common law claims, especially if your injury involves long-term care needs or complex medical evidence.
Example: A Spinal Injury Claim
Consider a scenario where a driver sustains a spinal injury in a collision. A doctor confirms the injury does not meet the threshold criteria, meaning the 52-week limit does not apply. However, the driver must still file a CTP claim within the statutory period to access benefits like weekly income payments. If the injury also involves long-term mobility issues, the claim may overlap with a common law damages claim under the Civil Liability Act.
Next Steps
CTP claims and time limits depend on the accident date, injury type, and evidence. To request contact about your circumstances, complete the quick, no obligation enquiry form.