Burn Injuries and CTP Coverage 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 sustained a burn injury in a vehicle fire in New South Wales, you may be eligible for compensation under the state’s Compulsory Third Party (CTP) insurance scheme. This scheme covers personal injury resulting from motor vehicle accidents, including injuries caused by fire, explosion or thermal exposure during a collision. The eligibility depends on the nature of the injury, how it occurred, and whether you were a driver, passenger, pedestrian, cyclist or motorcyclist at the time. The CTP scheme does not require proof of fault to access benefits, but it does require that the injury occurred in a motor accident as defined by the Motor Accident Injuries Act 2017.
What Types of Burn Injuries Are Covered?
The CTP scheme covers all types of burn injuries that result from a motor accident, including thermal burns from fire, chemical burns from leaking fluids, and contact burns from hot surfaces. The injury must have occurred during a motor vehicle accident involving a vehicle registered in NSW or driven in NSW. This includes incidents where a vehicle catches fire after a collision, or where a fire develops during a crash due to fuel leakage or electrical short circuits. The injury must be directly attributable to the accident and not to a separate incident. For example, if you were injured in a crash and later suffered burns from a fire that started as a result of the impact, you may be eligible for benefits.
How Vehicle Fire Incidents Affect CTP Claim Eligibility
A vehicle fire does not automatically exclude a claim. The CTP scheme considers whether the fire was a direct consequence of a motor accident. If the fire occurred during or immediately after a collision, and the burn injury was sustained as a result of that event, the injury is generally covered. The scheme does not distinguish between the cause of the fire, whether mechanical, electrical, or fuel-related, as long as it arose from the accident. However, if the fire occurred in a private driveway, car park, or off-road location not connected to a motor vehicle accident, it may not qualify. The legal test is whether the fire was a result of a motor accident as defined under the Motor Accident Injuries Act 2017.
Evidence Required to Support a Burn Injury Claim
To establish eligibility, you must provide evidence linking your burn injury to the vehicle fire incident. Key evidence includes:
- Medical records detailing the type, extent and treatment of the burn injury, including documentation of skin depth, percentage of body surface area affected, and any surgical intervention.
- Photographs of the burn injury taken shortly after the incident, showing the appearance and location.
- Accident reports, including police reports, fire service records, or emergency service logs that confirm the fire occurred during or immediately after a motor accident.
- Statements from witnesses who observed the fire or the injury.
- Medical reports from treating practitioners, including a specialist burn surgeon or dermatologist, if applicable.
- Evidence of treatment received, such as hospital admissions, skin grafts, or rehabilitation.
The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set out the legal framework for determining eligibility. The claim must be made within the time limits prescribed by law, and the injury must not be excluded under the scheme’s threshold injury provisions.
Time Limits and Procedural Requirements
There is a time limit to make a claim under the CTP scheme. You must notify your insurer or the insurer of the at-fault vehicle within three months of the accident. While this deadline may be extended in some circumstances, it is critical to act promptly. Failure to notify within this period may result in a claim being denied, unless a valid reason for delay is established.
If you are claiming for damages (beyond treatment and care benefits), you must meet the threshold for a permanent impairment. This means your injury must result in a whole person impairment (WPI) of at least 10%. For burn injuries, this assessment is conducted by an independent medical assessor under the Motor Accident Guidelines. The assessment considers factors such as scarring, functional loss, pain and psychological impact.
When to Seek Independent Advice
A burn injury from a vehicle fire may involve complex medical and legal issues. The nature of the injury, the extent of scarring, and the impact on daily life can affect the value of a claim. If you have sustained a severe burn, or if your injury is not healing as expected, it may be necessary to seek independent legal advice. This is particularly important if your claim is disputed, or if you are seeking damages for non-economic loss, such as pain and suffering or loss of enjoyment of life.
A hypothetical example: A 34-year-old passenger in a car that caught fire after a head-on collision sustained second-degree burns to 15% of their body. They were treated in hospital for six weeks and required skin grafts. The injury was linked to the accident through police and fire service reports. The claim was accepted for treatment and care benefits and weekly income payments. After a medical assessment, a WPI of 12% was established, allowing the claimant to proceed with a damages claim.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.