If you sustained burn injuries in a vehicle fire in Greater Sydney, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This scheme, governed by the Motor Accident Injuries Act 2017 (MAIA), provides financial support for injuries resulting from motor vehicle accidents, including those caused by fire or chemical exposure during a crash. To qualify, the fire must have occurred during a motor vehicle accident involving a car, motorcycle, or other motor vehicle registered in NSW, and the injury must have arisen directly from that event.
Eligibility under the CTP scheme does not depend on who was at fault. The scheme is designed to provide prompt support for medical treatment, lost income, and other accident-related costs. However, the type of benefit you may receive depends on the nature and severity of your injuries. For burn injuries, the scheme covers treatment and care benefits, including specialist burns care, rehabilitation, and medical expenses. If your injuries result in a permanent impairment, you may also be eligible for a lump sum payment, subject to the legal thresholds under MAIA.
To establish a claim, you must demonstrate that the fire was a direct result of a motor vehicle accident. This includes incidents where a vehicle caught fire after a collision, while parked in a car park, or during a breakdown that led to a fire. The location, whether in a public road, private driveway, or car park, does not automatically exclude coverage, but the vehicle must have been used in a way that constitutes a motor vehicle accident under the law. Evidence such as police reports, fire service records, photographs of the vehicle and burn sites, and medical documentation of the injury are essential.
If your injuries are classified as a threshold injury under MAIA, you must meet the statutory definition. A threshold injury includes a soft tissue injury, which under the Act includes injuries to the spinal nerve roots that produce neurological signs other than radiculopathy. Radiculopathy requires specific clinical signs as defined in the Motor Accident Guidelines. If your only injuries are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks from the date of the accident, as provided under sections 3.11 and 3.28 of MAIA. This does not apply if you have a permanent impairment or if your injuries exceed the threshold.
For claims involving serious or long-term injuries, you may be able to claim damages for pain and suffering, loss of enjoyment of life, and future care needs. However, damages are only available if your injury exceeds the threshold and you have a whole person impairment of at least 10%. The assessment of impairment is conducted by a qualified medical practitioner using the Motor Accident Guidelines.
A practical example: a pedestrian in Sydney was injured when a car they were near caught fire after colliding with a barrier. The fire caused second-degree burns to their arms and torso. Medical records confirmed the injury occurred during the accident. The claim was accepted under the CTP scheme, and the person received treatment and care benefits, as well as a lump sum for permanent impairment.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.