Burn injuries and CTP scheme eligibility 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).
If you suffered burn injuries from a vehicle fire in Newcastle or the Hunter region, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. The Motor Accident Injuries Act 2017 (MAIA) governs claims for injuries caused by motor vehicle accidents, including those from fires. Burn injuries, whether thermal or chemical, are generally covered under the scheme if they meet the definition of a 'threshold injury' or result in long-term impairment. However, vehicle fire incidents may have unique considerations compared to standard collisions.
Key CTP rules for burn injuries
Under the MAIA, injuries from motor vehicle accidents are eligible for compensation if they meet the 'threshold injury' criteria outlined in the Motor Accident Guidelines. For burn injuries, this typically requires a medical assessment confirming neurological or physical damage. SIRA (State Insurance Regulatory Authority) provides detailed guidance on what constitutes a threshold injury, including burns that cause scarring, functional loss, or require medical treatment.
Vehicle fire claims may differ from standard CTP claims in two ways: first, the cause of the injury (fire) must be directly linked to a motor vehicle accident, and second, documentation of the fire incident is critical. For example, if a car fire started due to a collision, the fire itself must be shown to have caused the burn injury. This distinction is important because not all vehicle-related incidents qualify under the CTP scheme.
Practical steps and evidence needed
To claim compensation for burn injuries from a vehicle fire, you must gather specific evidence:
- Medical records confirming the burn injury and its connection to the fire.
- Accident reports from emergency services or police detailing the fire's cause and your involvement.
- Witness statements from people who saw the fire or the accident.
- Photographs of the fire scene, vehicle damage, and your injuries.
- Insurance correspondence showing the at-fault driver's insurer has been notified.
SIRA requires claims to demonstrate a 'direct link' between the fire and the motor vehicle accident. For example, if a car fire started due to a collision, the fire must be shown to have caused the burn injury. This is distinct from a standard collision where injuries are more straightforward.
Time limits and when to seek advice
CTP claims must be made within 52 weeks of the accident if the injury is a 'threshold injury' under the MAIA. If your burn injury is not a threshold injury but results in long-term impairment, you may still claim compensation for ongoing effects. However, time limits apply to all claims, and delays can reduce your entitlements.
If your burn injury involves complex medical treatment, such as skin grafts or nerve damage, it's essential to seek legal advice early. SIRA guidelines state that claims for injuries requiring prolonged treatment must be submitted promptly to ensure eligibility for weekly income payments or treatment benefits.
Example of a vehicle fire claim
Consider a scenario where a car catches fire after a collision on a Newcastle road. The driver suffers second-degree burns to their arm and face. Medical records confirm the burns were caused by the fire, not the collision itself. In this case, the CTP claim would focus on the fire as the injury source, not the collision. The claimant would need to prove the fire originated from the accident and caused the burn injury.
Next steps for claimants
If you've suffered burn injuries from a vehicle fire in Newcastle or the Hunter region, start by documenting the incident and seeking medical attention. Contact SIRA to confirm your injury meets the threshold criteria, and consider consulting a legal professional if your claim involves complex circumstances. Time limits apply, so act promptly to protect your eligibility for compensation.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.