In Australia, the severity of your car accident injuries directly impacts the compensation you receive. However, how injuries are classified (major vs. minor) can vary by state due to different car accident claim legislation.
This article will explain the differences between major and minor injuries, and then focus on the procedures for handling minor car accident claims in Victoria, Queensland, and New South Wales.
While the severity of injuries ultimately determines a car accident’s classification (major or minor), the specific terms used can vary by state in Australia.
The Motor Accident Injuries Act 2017 No 10 is a cornerstone piece of legislation that governs motor vehicle accident compensation schemes in New South Wales. Instead of ‘minor’ and ‘major’ injuries, the Act refers to ‘threshold’ and ‘non-threshold’ injuries. NSW’s governing body, State Insurance Regulatory Authority (SIRA), clearly defines what constitutes a threshold (i.e., minor) injury.
Queensland cases look to the Motor Accident Insurance Act 1994, The Act doesn’t explicitly use minor/major or threshold/non-threshold, instead, it lists injury types that qualify for different types of compensation. Queensland will, at times, reference ‘minor’ injuries, yet will more commonly refer to its state-specific eligibility mechanisms (i.e., the ISV scale).
Similar to Queensland, Victoria’s legislation, the Transport Accident Act 1986, doesn’t directly use these minor/major or threshold/no-threshold. Instead, it focuses on specific injuries with varying compensation categories. Governing bodies in the state may use minor or major for better understanding.
Knowing the relevant state legislation and its terminology is crucial when pursuing a car accident claim. Your state’s governing body website is a valuable resource for accurate and up-to-date information.
The relevant governing bodies are:
Although terminology can vary by state, you might hear your insurer or legal team use terms like “minor”, “major”, “threshold”, or “non-threshold” injuries to discuss your compensation.
Here’s a general explanation of these concepts.
These are generally less severe injuries with a good chance of full or significant recovery within a year. They typically don’t result in long-term disability or require ongoing treatment. Examples include:
These injuries are more severe with a greater chance of lasting impacts. These types of injuries usually require ongoing medical care or result in permanent impairment. e. Examples include:
In New South Wales, the threshold vs non-threshold injury dichotomy is directly tied to how much compensation you’re owed, and the nature of that compensation.
For example, those with non-threshold injuries can generally apply for lump sum compensation, while those with threshold injuries generally cannot (although, exceptions apply).
In our experience, across all Australian states, more severe injuries will yield higher amounts of compensation. However, the specifics of what you’re entitled to depend on the type of damages you are claiming (lost income, psychological damage, permanent impairment, etc.) as well as the legislative criteria set by the governing bodies in your state.
Other factors can also impact how much compensation you’re owed, such as the relevance of contributory negligence (the degree to which you are responsible for the accident), your age and the nature of your employment, among other factors.
If your injuries are minor (typically with good recovery prospects within a year), you may be able to manage the claims process yourself. We’ll provide details on how to do this below.
However, we recommend that you seek legal advice if:
For major injuries with potentially lasting impacts, we strongly recommend contacting a lawyer. Our expertise can be invaluable in navigating the complexities of your claim and ensuring you receive fair compensation.
Call us for confidential, free advice.
If your motor vehicle accident occurred in Victoria, you can file your claim directly through the Traffic Accident Commission (TAC) website.
The steps for lodging a minor injury claim in Victoria are as follows.
Key points to note:
For more information, contact TAC or speak with a personal injury lawyer.
You have 12 months to lodge your claim from the date of your accident, or from the date your injury first became apparent — whichever came first.
Queenslanders can file their claim directly through MAIC’s CTP claim portal.
The general minor car accident procedure for Queensland is as follows. For more information, reference MAIC’s guidelines or speak with a Queensland compensation lawyer directly.
If your accident occurred in NSW, you can lodge your claim online through SIRA.
Since minor injuries don’t warrant a lump sum payment, you will be claiming personal injury benefits. If you believe your injuries are major (non-threshold), then the claims process is different, requiring you to apply for common law damages as well as personal injury benefits.
The general personal injury benefits claims process is as follows.
We’re Australia’s leading personal injury law firm. This means that we have the resources and expertise necessary to ensure a successful claims outcome.
Here’s how GMP Law can help you: If you believe the outcome of your claim is unjust, your injuries have worsened since you last received compensation or you have major injuries, then get in touch.
If you have minor injuries, your state’s governing bodies (whether SIRA, MAIC or TAC), make it simple to lodge a claim without legal intervention. These bodies also provide guidance to claimants to help ensure a seamless claim process.
If, however, you’re facing disputes, worsening injuries or believe you may have sustained major injuries, then book a free consultation with one of our personal injury lawyers. Our team can provide you with free, personalised legal advice, informing you on the best pathway forward. If you choose to move forward with your dispute or claim, then we can offer you leading legal expertise at no personal cost to you — via our no-win, no-fee policy.
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