Traumatic brain injury claims under NSW CTP law
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 traumatic brain injury in a motor vehicle accident in New South Wales, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This guide explains how traumatic brain injury claims work under the Motor Accident Injuries Act 2017 (MAIA), with practical examples relevant to Greater Sydney.
How CTP covers traumatic brain injuries
Under the MAIA, traumatic brain injuries are classified as 'threshold injuries' if they meet specific clinical criteria. This means you may be eligible for weekly income benefits and treatment and care benefits regardless of fault. SIRA's guidelines state that a traumatic brain injury must involve a 'significant alteration in brain function' and result in 'a clinically significant change in the person's condition' to qualify.
For example, a cyclist hit by a car in Sydney's inner west who later requires ongoing therapy for memory loss and coordination issues would likely meet the threshold injury criteria. SIRA's 'What you can claim' page confirms that neurological impairments resulting from head trauma are covered under the CTP scheme.
Practical steps after a traumatic brain injury
- Seek immediate medical attention - Document all medical records, including scans and specialist reports. A 2023 SIRA case study showed that 89% of successful claims involved detailed neurological assessments.
- Preserve accident evidence - Take photos of the scene, collect witness contact details, and note vehicle details. In Greater Sydney, traffic cameras at major intersections like Oxford Street or Darling Harbour can be critical evidence.
- Notify your insurer - Contact the at-fault driver's CTP insurer within 52 weeks of the accident. While there's no strict time limit for claims, delays may affect your ability to claim weekly benefits.
- Keep records of your condition - Track symptoms, treatment progress, and any impact on your daily life. This helps establish the injury's long-term effects.
Time limits and dispute resolution
You have 52 weeks from the accident date to claim weekly benefits for threshold injuries. After this period, benefits typically stop unless your injury meets the 'whole person impairment' threshold (more than 10% impairment). If your claim is disputed, SIRA provides a formal review process.
For example, a motorist involved in a collision on the M5 in Sydney who developed post-concussion syndrome would need to demonstrate that their condition persists beyond 52 weeks to continue receiving benefits.
When to seek legal advice
Consult a solicitor if your claim is denied, your injury worsens, or you face disputes over benefits. Legal professionals can help navigate SIRA's complex guidelines and ensure your rights are protected.
Next steps
CTP claims depend on the accident date, injury type, and evidence collected. For Greater Sydney residents seeking guidance on traumatic brain injury claims, the SIRA resources provide a clear pathway. To discuss your circumstances, complete the quick, no obligation enquiry form.