Time Limits for CTP Claims After a Wrist Fracture in NSW
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).
A wrist fracture sustained in a motor accident in Greater Sydney may give rise to a claim under the NSW Compulsory Third Party (CTP) insurance scheme. The primary time limit for making a claim is three years from the date of the accident. This period applies regardless of whether the injury is classified as a threshold injury under the Motor Accident Injuries Act 2017, or whether the fracture was caused by bracing during a collision. The three-year limit is set out in the Motor Accident Injuries Act 2017 and is enforceable under NSW law.
How SIRA Handles Time Limits for Wrist Fracture Claims
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW and confirms that the three-year claim period applies uniformly to all motor accident injuries, including fractures of the wrist. SIRA does not apply a shorter or different time limit for wrist fractures compared to other injuries. The claim must be made within this timeframe to preserve the right to seek compensation for medical treatment, lost income, and damages.
A wrist fracture may result in a period of treatment and recovery that extends beyond the initial injury. However, the time limit for initiating a claim begins on the date of the accident, not the date of diagnosis or the end of treatment. This means that even if the injury was not immediately apparent, the claim must still be made within three years of the collision.
Practical Steps and Evidence That Matter
To support a CTP claim after a wrist fracture, it is essential to gather and preserve evidence. This includes:
- Medical records from the initial treatment and all subsequent follow-ups, including imaging reports (X-rays, MRI) and orthopaedic assessments.
- A formal diagnosis from a medical practitioner confirming the fracture and its cause.
- Documentation of any time off work, including a certificate from an employer or a medical practitioner.
- Photographs of the accident scene, vehicle damage, or the injury site if visible.
- Witness contact details, if available.
- A copy of the accident report, if one was filed with the police or the insurer.
These records are critical to establish the nature of the injury, its link to the motor accident, and the impact on daily life and income.
Factors That Could Affect the Time Limit
While the three-year claim period is fixed, several factors may influence whether a claim is accepted or challenged. These include:
- Whether the claim was made within three years of the accident.
- Whether the injury was reported to the insurer within a reasonable timeframe after the accident.
- Whether the injury was caused by a motor vehicle in a public or private location, as the CTP scheme covers accidents on roads and in car parks used for public access, but not private driveways unless used in a way that constitutes public use.
- Whether the claimant was a driver, passenger, pedestrian, cyclist, or motorcyclist, as this may affect the type of benefits available.
A wrist fracture is not automatically classified as a threshold injury. If it results in a permanent impairment, it may qualify for damages. However, if it is a soft-tissue injury with no lasting effect, it may fall under the threshold injury category, which limits the right to claim damages.
When to Seek Advice
Time limits are strict and cannot be extended unless a court grants leave. If the three-year period is approaching or has passed, it is important to seek legal advice to determine whether a claim can still proceed. SIRA provides information on how to apply for an extension, but this is only granted in exceptional circumstances.
A hypothetical example: A pedestrian in Sydney’s inner west was struck by a car while crossing a road in a marked crosswalk. The impact caused a wrist fracture, which required surgery and six months of recovery. The claim was made within 28 months of the accident, supported by medical records and a police report. The insurer accepted liability, and the claim was processed under the CTP scheme.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.