Wrist fractures from motor accidents in NSW can lead to denied CTP claims if key legal steps are overlooked. Under the Motor Accident Injuries Act 2017, claimants must act swiftly to preserve their right to compensation. This article explains how to avoid costly errors when seeking CTP benefits for wrist injuries, based on SIRA guidelines and NSW law.
Key Mistakes in Wrist Fracture Claims
A common error is failing to seek immediate medical attention. Under NSW law, a wrist fracture must be diagnosed by a medical practitioner within 24 hours of the accident to establish a valid claim. Delayed treatment may lead insurers to dispute the injury's connection to the accident.
Another mistake is not documenting the accident scene. SIRA requires claimants to preserve evidence such as photographs of the vehicle damage, witness statements, and medical records. Without this, insurers may argue the injury was pre-existing or unrelated to the collision.
Claimants often overlook the distinction between soft tissue injuries and threshold injuries. Under the Motor Accident Guidelines, a wrist fracture may qualify as a threshold injury if it meets specific neurological criteria. However, if the injury is classified as a soft tissue injury, it may not entitle to ongoing weekly benefits after 52 weeks.
SIRA Guidance on Wrist Injury Claims
SIRA's Motor Accident Claims page confirms that wrist fractures are eligible for treatment and care benefits, but claimants must provide medical evidence of the injury's severity. For example, a fractured wrist requiring a cast or splint typically qualifies for weekly payments, while minor sprains may not.
The SIRA guidelines also warn that claimants must notify the at-fault driver's insurer within 28 days of the accident. Failing to meet this deadline may result in the claim being barred under section 3.28 of the Motor Accident Injuries Act 2017.
Practical Steps to Avoid Claim Denials
- Secure Immediate Medical Attention: Visit a medical practitioner within 24 hours to document the wrist injury. Keep all medical records, including X-rays and treatment notes.
- Preserve Accident Evidence: Take photos of the damaged vehicle, road conditions, and any visible injuries. Obtain witness contact details and note the time and location of the collision.
- Notify the Insurer Promptly: Contact the at-fault driver's CTP insurer within 28 days. Submit a completed claim form with supporting documents.
- Understand Threshold Injury Rules: If your wrist fracture is classified as a threshold injury, you may only receive weekly benefits for 52 weeks. After this period, you may need to pursue a separate common law claim for long-term impairment.
Time Limits and Dispute Resolution
NSW CTP claims must be made within 28 days of the accident. If the injury is not reported within this timeframe, the claim may be deemed out of time. For disputes over claim value, claimants can request a review by the NSW Civil and Administrative Tribunal (NCAT) under section 13 of the Motor Accident Injuries Act 2017.
When to Seek Legal Advice
Complex cases involving multiple injuries, long-term disability, or disputes over claim value often require legal assistance. A solicitor can help navigate SIRA's assessment process and ensure all evidence is properly submitted.
Example Scenario
A driver in Armidale suffered a wrist fracture after a collision. They delayed seeking medical attention for two days, then submitted a claim 30 days later. The insurer denied the claim, arguing the injury was not reported within the 28-day deadline. This highlights the importance of acting quickly and documenting the injury promptly.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.