Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you've suffered a traumatic brain injury in a motor vehicle accident in New South Wales, understanding what evidence to collect and how to document your claim is essential. Under the NSW Compulsory Third Party (CTP) scheme, traumatic brain injuries are covered under the Motor Accident Injuries Act 2017. This article explains the specific evidence required, practical steps for rural and remote areas, and time limits to support your claim.
What Evidence Supports a Traumatic Brain Injury Claim?
To establish a traumatic brain injury claim under the CTP scheme, you must provide evidence of:
- Medical documentation - Detailed records from a medical practitioner confirming the injury, including scans, test results, and treatment plans. This must link the injury to the accident.
- Accident report - Police or insurer records detailing the incident, including vehicle details, location, and time.
- Witness statements - Accounts from people who saw the accident, especially if they can confirm the nature of the injury.
- Photographs - Images of the accident scene, vehicle damage, and any visible injuries.
- Income records - Proof of lost wages or reduced earning capacity if the injury affects your ability to work.
In rural areas, access to legal resources may be limited, so it’s critical to preserve all evidence promptly. For example, if you’re a farmer who suffered a head injury after a collision, your medical records must clearly show the injury’s connection to the accident.
How to Document a Traumatic Brain Injury Claim in Rural NSW
In remote areas, practical steps include:
- Seeking immediate medical attention - Even minor head injuries can worsen over time. Ensure your medical team documents the injury thoroughly.
- Preserving accident details - If you’re in a car park or on a remote road, note the location, time, and any witnesses.
- Contacting SIRA - The State Insurance Regulatory Authority (SIRA) administers CTP claims. Visit SIRA’s motor accident claims page for guidance.
- Keeping records of treatment - Track all medical appointments, therapies, and medications related to the injury.
Time Limits and Dispute Resolution
Under the Motor Accident Injuries Act 2017, you must notify SIRA of your claim within 52 weeks of the accident. If your claim involves long-term consequences, such as ongoing cognitive impairments, you’ll need to provide regular medical updates to support continued benefits. Disputes over claim validity can be resolved through SIRA’s review process or by seeking independent legal advice.
When to Seek Legal Advice
If your claim is denied, or if you’re unsure about your rights, consult a solicitor. Rural areas may have limited legal services, but SIRA provides resources to help injured persons understand their options. Always act quickly to avoid missing deadlines.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.