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 vision loss injury in a motor accident in Bankstown, understanding the NSW Compulsory Third Party (CTP) scheme is critical. Vision loss claims under the Motor Accident Injuries Act 2017 require prompt action to preserve your right to statutory benefits and potential common law damages. This article explains what to do immediately after an eye injury, what evidence matters, and how SIRA handles such claims.
Immediate Actions After a Vision Loss Injury
After a motor accident causing vision loss, the first priority is securing medical attention. Seek treatment from a registered medical practitioner to document the injury, as this forms the basis of your claim. Delaying medical care may jeopardise your ability to claim statutory benefits under the CTP scheme.
You must notify the at-fault driver’s insurer within 52 weeks of the accident to claim statutory benefits like weekly income payments or treatment and care benefits. Failing to report within this timeframe may result in losing access to these benefits, though common law damages claims may still be pursued if the injury meets the threshold injury definition.
Documentation Needed for a Vision Loss Claim
To support your claim, gather evidence such as:
- Medical records confirming the nature and severity of the eye injury
- Police reports or accident statements
- Witness contact details
- Photographs of the accident scene
- Income records to establish loss of earnings
SIRA requires these documents to assess whether your injury qualifies as a 'threshold injury' under the Motor Accident Guidelines. Vision loss injuries often fall within this category, but the spinal nerve-root qualification must be considered. For example, a spinal nerve-root injury causing neurological signs without radiculopathy may still qualify as a soft-tissue injury.
Time Limits and Dispute Resolution
Statutory benefits under the CTP scheme are generally limited to 52 weeks if your only injuries are threshold injuries. However, this rule does not apply to common law damages claims, which may continue beyond this period. If your claim is disputed, SIRA provides a formal review process to challenge decisions.
Seek legal advice if your injury involves complex issues like permanent vision loss, lifetime care needs, or disputes over fault. A solicitor can help navigate the distinction between statutory benefits and common law damages, ensuring you meet all procedural requirements.
When to Seek Independent Advice
While the CTP scheme provides a clear pathway for vision loss claims, individual circumstances vary. For example, a pedestrian injured in a car park may face different legal considerations than a cyclist in a driveway. The date of your accident also matters, as earlier claims may be subject to different scheme rules.
If you're unsure whether your vision loss injury qualifies for benefits or damages, contact a legal professional. The NSW CTP scheme has specific rules about what constitutes a threshold injury, and misclassifying your injury could affect your entitlements.
Next Steps
CTP vision loss claims depend on the date of the accident, the nature of the injury, and whether you meet the threshold injury definition. To request contact about your circumstances, complete the quick, no obligation enquiry form.