Immediate actions after vision loss in a motor accident
If you have suffered vision loss in a motor accident in New South Wales, the first priority is to seek urgent medical attention. Vision loss may result from trauma to the eye, brain injury, or damage to the optic nerve, and prompt assessment by an ophthalmologist or neuro-ophthalmologist is essential. Documenting the injury as early as possible strengthens your claim under the NSW Compulsory Third Party (CTP) insurance scheme. You must also report the accident to the police if it involved a motor vehicle, and obtain a copy of the accident report. Notify your CTP insurer as soon as possible, even if you are unsure whether you have a claim. The CTP insurer is responsible for providing treatment and care benefits, and for assessing your entitlement to weekly income payments and damages.
How SIRA handles vision loss claims under NSW CTP law
The Motor Accident Injuries Act 2017 (MAIA) governs CTP claims in NSW, including those involving vision loss. Under this law, you may be entitled to treatment and care benefits, weekly income payments, and, in some cases, damages for non-economic loss (such as pain and suffering) and economic loss (such as loss of earnings). Vision loss is not automatically classified as a threshold injury under the Motor Accident Guidelines, but it may still be considered a serious injury if it results in a permanent impairment. The assessment of impairment is conducted by an independent medical assessor using the Australian Institute of Health and Welfare (AIHW) impairment tables. If your vision loss results in a whole person impairment (WPI) of 10% or more, you may be eligible to claim damages, provided you meet the threshold injury requirements.
Evidence required to support a vision loss claim
To support a claim for vision loss, you must provide medical evidence showing the nature, extent, and permanence of the injury. This includes:
- A detailed report from an ophthalmologist or neuro-ophthalmologist documenting the diagnosis, treatment, and prognosis.
- Visual acuity tests, including results from standardised assessments such as the Snellen chart or visual field testing.
- Imaging reports such as MRI or CT scans showing brain or optic nerve damage.
- A record of any surgical intervention or ongoing treatment.
- Evidence of impact on daily life, including work, mobility, and independent living.
Photographs of the accident scene, vehicle damage, and any visible injuries may also support your claim. If you were a pedestrian, cyclist, or passenger, witness statements or CCTV footage from the Greater Sydney area may help establish the circumstances of the accident. Keep all correspondence with your insurer, medical practitioners, and employers.
Time limits and claim eligibility
There are time limits for making a claim under the CTP scheme. You must notify your CTP insurer within 3 months of the accident, or within 12 months if you were not aware of the injury at the time. The 3-month notice period is critical: failure to notify within this time may result in your claim being denied. If you have not received a response from the insurer within 28 days of your notification, you may proceed to make a formal claim through the State Insurance Regulatory Authority (SIRA). SIRA oversees the CTP scheme and provides guidance on claim procedures.
Vision loss may be considered a serious injury if it results in a WPI of 10% or more. However, if your only injuries are threshold injuries (such as soft tissue injuries), damages are generally limited under section 4.4 of the MAIA. The 52-week rule applies only to threshold injuries, meaning that treatment and care benefits and weekly income payments may be capped after 52 weeks if no non-threshold injuries are present. This does not apply to vision loss if it is not classified as a threshold injury.
When to seek legal advice
Vision loss claims often involve complex medical and legal issues. The assessment of impairment, the classification of injury, and the calculation of damages require specialist knowledge. If your claim is disputed, or if you believe your entitlements are being undervalued, you may need to seek advice from a legal practitioner experienced in CTP claims. SIRA provides information on the claims process, but it does not represent individuals in disputes. An independent legal review can help determine whether your claim should proceed to dispute resolution or negotiation.
Hypothetical example
A 38-year-old cyclist in Sydney was struck by a car at a roundabout in February 2026. The impact caused a traumatic brain injury and permanent vision loss in the right eye. The cyclist was treated in hospital and later assessed by an ophthalmologist, who confirmed a WPI of 15%. The CTP insurer initially offered a settlement based on treatment and care benefits only. The cyclist sought legal advice, which led to a successful negotiation for damages, including non-economic loss and future care costs. The claim was made within the 3-month notice period and supported by medical reports, imaging, and a workplace assessment.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.