What Changed for Truck Accident Claims in NSW After 2017?
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).
The 2017 reforms to New South Wales’ Compulsory Third Party (CTP) insurance scheme introduced significant changes to how claims are assessed, particularly for serious injuries involving heavy vehicles like trucks. These reforms, under the Motor Accident Injuries Act 2017, altered the criteria for injury assessment, time limits, and the types of benefits available. This article explains how these changes impact truck accident claims and what injured road users should know.
Key Changes to CTP Claims After 2017
1. Threshold Injury Criteria
The 2017 reforms introduced the concept of a 'threshold injury', a specific level of injury that must be met to qualify for statutory benefits. For truck accidents, this means injuries must meet the clinical criteria outlined in the Motor Accident Guidelines. For example, a spinal nerve-root injury producing neurological signs (other than radiculopathy) may still qualify as a soft-tissue injury, but radiculopathy requires specific clinical signs. This change narrowed the scope of injuries eligible for benefits, making it harder for some truck accident victims to qualify.
2. Time Limits for Statutory Benefits
Under the new rules, benefits like weekly income payments and treatment and care benefits are generally limited to 52 weeks if the injury is a 'threshold injury' and no other injuries are involved. This applies even if the injury is caused by a truck. For example, if a pedestrian is hit by a truck and suffers a soft-tissue injury meeting the threshold, benefits stop after 52 weeks, regardless of ongoing pain or disability.
3. Distinction Between Statutory Benefits and Common Law Claims
The reforms clarified that statutory benefits (like income payments) are separate from common law damages. Injuries that don’t meet the threshold may still allow for a common law claim for damages, but the 2017 changes made it harder to prove such injuries. For truck accidents, this distinction is critical because injuries like whiplash or minor fractures may no longer qualify for statutory benefits but could still support a damages claim.
Practical Steps for Truck Accident Claims
1. Document the Accident and Injuries
After a truck accident, injured road users must:
- Obtain a detailed medical report from a medical practitioner confirming the injury.
- Preserve evidence like accident reports, photographs of the truck’s condition, and witness statements.
- Note any pre-existing injuries or conditions that could affect the claim.
2. Notify the At-Fault Driver’s Insurer
The insurer of the truck involved must be notified within 28 days of the accident. Delays could jeopardize statutory benefits, even if a common law claim is pursued.
3. Seek Independent Medical Advice
Independent medical opinions are often required to assess whether an injury meets the threshold. This is particularly important for truck accidents where injuries may be complex or involve multiple body systems.
When to Seek Legal Advice
The 2017 reforms introduced stricter rules for injury assessment and time limits. For example, if an injury doesn’t meet the threshold, injured road users may need to pursue a common law claim, which requires a different approach. Legal advice is essential to:
- Determine whether a claim is viable under the new rules.
- Navigate the distinction between statutory benefits and damages.
- Challenge an insurer’s refusal to pay benefits.
Example: How the 2017 Changes Affect a Truck Accident Claim
Consider a scenario where a cyclist is hit by a truck and suffers a soft-tissue injury. Under pre-2017 rules, the cyclist might have received ongoing benefits. Under the new rules, the injury must meet the threshold criteria (e.g., specific neurological signs) to qualify. If it doesn’t, the cyclist may need to pursue a common law claim for damages, even if the injury is minor.
Next Steps
The 2017 reforms have made it more complex to claim benefits after a truck accident. Time limits, injury criteria, and the distinction between statutory and common law claims all play a role. To ensure your claim is assessed correctly under the new rules, complete the quick, no obligation enquiry form to request contact about your circumstances.