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 NSW, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. This article explains how the scheme applies to burn injuries caused by vehicle fires in the Illawarra and South Coast regions, outlines the eligibility criteria, and details the evidence needed to support your claim.
How the CTP Scheme Applies to Burn Injuries
The NSW CTP scheme covers injuries resulting from motor vehicle accidents, including vehicle fires. Under the Motor Accident Injuries Act 2017, burn injuries caused by thermal or chemical exposure during a collision or fire are eligible for compensation, provided the injury meets the scheme’s definition of a 'threshold injury' or higher.
SIRA’s guidelines clarify that burn injuries must be directly linked to the accident. For example, if a vehicle fire caused burns to your skin or airway, you may qualify for treatment benefits, weekly income payments, or lump sum damages depending on the injury’s severity. However, the scheme does not cover injuries unrelated to the accident, such as pre-existing burns.
Key Eligibility Criteria for Burn Injuries
To claim compensation for burn injuries under the CTP scheme, you must prove:
- The injury resulted from a motor vehicle accident (including vehicle fires)
- The injury meets the 'threshold injury' definition in the Motor Accident Guidelines
- You received treatment from a registered medical practitioner
- You have documentation showing the injury’s connection to the accident
The scheme does not cover injuries caused by non-motor vehicle incidents, such as fires in non-vehicle settings. The location of the accident (Illawarra or South Coast) does not affect coverage, as long as the incident involved a motor vehicle.
Required Documentation for Burn Injury Claims
Supporting your claim requires specific evidence:
- Medical records confirming the burn injury and its cause
- Accident reports or police statements detailing the vehicle fire
- Witness statements or photos of the incident
- Proof of income to support weekly payment claims
- Correspondence with your insurer or SIRA
Medical professionals must document neurological signs or spinal nerve-root injuries if the burn injury involves the spine, as per the Motor Accident Guidelines. This is critical for determining whether the injury qualifies as a 'threshold injury' under the scheme.
Time Limits and Dispute Resolution
You have 52 weeks from the date of the accident to claim weekly benefits for threshold injuries. If your burn injury is a 'threshold injury, ' benefits may be limited after this period. For non-threshold injuries, there is no time limit for claiming lump sum damages.
If your claim is disputed, you can request a review by SIRA. This involves submitting a written request and providing additional evidence to support your case. The review process typically takes 28 days.
Practical Example: Burn Injury from a Vehicle Fire
Imagine a car caught fire during a collision on the Illawarra Highway. The driver suffered second-degree burns to their arms and face. To claim under the CTP scheme, they would need:
- Medical records showing the burns were caused by the fire
- A police report confirming the vehicle fire was accident-related
- Evidence of lost income due to the injury
- A statement from a doctor explaining the injury’s impact on daily life
This example illustrates how the scheme applies to burn injuries caused by vehicle fires, but each case depends on its own facts.
When to Seek Legal Advice
While this article provides general guidance, your circumstances may require specialist legal advice. A solicitor can help you:
- Navigate SIRA’s claims process
- Challenge a denied claim
- Pursue additional compensation for non-threshold injuries
If your claim involves complex issues like contributory fault or long-term care needs, legal assistance may be necessary to ensure you receive all available benefits.
Next Steps
CTP entitlements depend on the date of the accident, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.