Immediate Actions Following a Burn Injury from a Vehicle Fire
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 have suffered a burn injury in a motor vehicle fire in New South Wales, the first priority is to seek urgent medical treatment. Burns from vehicle fires can involve thermal, chemical or electrical sources and may result in serious short- and long-term health impacts. Prompt medical attention is essential not only for your health but also to establish a clear record of the injury and its cause. You should not delay seeking care, even if the burn appears minor at first.
After receiving medical treatment, you should report the motor accident to the insurer of the vehicle that caused the fire, or to the insurer of the vehicle you were in, if applicable. This must be done as soon as possible. Under the Motor Accident Injuries Act 2017, you are required to notify the insurer within a reasonable time, although no specific deadline is set by law. However, delays may affect the insurer’s ability to investigate and process your claim.
How the NSW CTP System Handles Burn Injuries from Vehicle Fires
In NSW, compensation for injuries from motor vehicle accidents, including burns caused by vehicle fires, is governed by the Motor Accident Injuries Act 2017 (MAIA). This law applies to all motor accidents occurring on or after 1 December 2017, including those in Greater Sydney.
Burn injuries from vehicle fires are treated as physical injuries under the CTP scheme. You may be entitled to treatment and care benefits, weekly income payments, and, if the injury meets the threshold for damages, a claim for damages. The type of benefit you may receive depends on the nature and severity of the injury, the extent of medical treatment required, and whether the injury meets the threshold for damages under the MAIA.
The CTP insurer is responsible for covering reasonable and necessary medical treatment, rehabilitation, and associated costs. This includes treatment for scarring, nerve damage, psychological impact, and long-term care. If the burn injury results in a permanent impairment, you may be assessed for a whole person impairment (WPI) rating under the Motor Accident Guidelines.
Evidence and Records That Matter
To support your claim, you must preserve and collect evidence that demonstrates the occurrence of the accident, the nature of the burn injury, and its impact on your life. Key evidence includes:
- Medical records from the emergency department and follow-up treatment, including documentation of burn depth, treatment type, and recovery progress.
- Photographs of the burn injury taken as soon as possible after the accident, showing the extent and location.
- A copy of the police report, if one was filed, including details of the vehicle fire and any witness statements.
- Details of any vehicle inspection or forensic report related to the fire, if available.
- Records of lost income, if you were unable to work due to the injury.
- A diary or log of pain, discomfort, and limitations in daily activities, particularly if you are claiming for non-economic loss.
These records are critical for establishing the link between the vehicle fire and the injury, and for demonstrating the ongoing impact of the injury.
Time Limits and Claim Considerations
There is no fixed statutory deadline for notifying an insurer of a motor accident in NSW, but delays may affect your ability to claim. You should notify the insurer as soon as you are able to do so, particularly if you are seeking weekly income payments or treatment and care benefits.
If you are considering a claim for damages, you must be aware that damages are only available if your injury meets the threshold for damages under the MAIA. This includes injuries that result in a whole person impairment of at least 10%, or injuries that are considered serious and permanent. A burn injury from a vehicle fire may qualify if it results in significant scarring, nerve damage, or long-term functional impairment.
If your injury is classified as a threshold injury (e.g., a soft-tissue injury with no permanent impairment), your entitlement to weekly payments and treatment benefits may be limited to 52 weeks from the date of the accident, unless the injury results in a permanent impairment or you are eligible for a lifetime care arrangement.
When to Seek Legal Advice
While you are not required to have a solicitor to make a claim, it is strongly advisable to seek independent legal advice if:
- You are unsure whether your injury qualifies for damages.
- The insurer disputes your claim or offers a settlement you believe is inadequate.
- You are experiencing ongoing pain, psychological distress, or difficulty returning to work.
- You have suffered a severe burn injury involving scarring, loss of function, or long-term rehabilitation needs.
A solicitor can help you understand your rights under the MAIA, assess your entitlement to benefits, and assist in negotiating a fair settlement.
Hypothetical Example
A cyclist in Sydney was involved in a collision with a car that caught fire after impact. The cyclist sustained second-degree burns to the hands and face and required hospitalisation and skin graft surgery. The police reported the vehicle fire, and the cyclist sought medical treatment within hours. The insurer accepted the claim and provided treatment and care benefits. After a medical assessment, the cyclist was found to have a 12% whole person impairment due to scarring and nerve damage. Because the injury exceeded the 10% threshold, the cyclist was eligible to claim damages for pain and suffering, loss of enjoyment of life, and future care needs.
Next Step
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.