If you've suffered burn injuries in a vehicle fire in New South Wales, preserving the right evidence is essential to support your Compulsory Third Party (CTP) claim. Under the Motor Accident Injuries Act 2017 (MAIA), burn injuries may qualify for statutory benefits or common law damages depending on their severity. This article explains what records to collect, how to preserve them, and how SIRA's requirements apply to vehicle fire claims.
What Counts as a Threshold Injury for Burn Claims
Under the MAIA, a 'threshold injury' includes soft tissue injuries, such as burns, that require medical treatment. This definition also covers psychological injuries like adjustment disorder or acute stress disorder. For burns, SIRA requires evidence of neurological signs, which may include nerve damage from the fire. Severe burns that result in long-term disability or scarring may qualify for higher damages under common law.
Key Evidence to Collect After a Vehicle Fire
To support your claim, you must document:
- Medical records: Detailed records from doctors, dermatologists, or burn specialists showing the injury's extent, treatment, and prognosis. SIRA requires evidence of neurological signs for threshold injuries.
- Accident reports: Police or fire department reports, and witness statements describing the fire's cause, your injuries, and the vehicle's condition.
- Photographic evidence: Clear photos of burn wounds, vehicle damage, and the fire scene. Avoid using phone cameras for medical records; instead, request official documentation from healthcare providers.
- Witness statements: Statements from anyone who saw the fire or your injuries, including drivers, pedestrians, or emergency responders.
- Income and treatment costs: Records of lost wages, medical bills, and out-of-pocket expenses related to your injury.
For vehicle fires, SIRA also requires evidence that the fire was caused by a motor vehicle accident, not a mechanical failure or intentional act. This distinction affects whether your claim falls under the CTP scheme.
Preserving Evidence After a Vehicle Fire
Once injured, you must act quickly to preserve evidence. Medical records should be obtained within 24 hours of treatment, and all documents should be copied or scanned immediately. Avoid discarding medical waste or damaged clothing unless instructed by a healthcare professional.
If your injury requires specialist care, such as skin grafts or plastic surgery, ensure your medical team documents the injury's progression. SIRA may require a 'whole person impairment assessment' to determine if your burn injury meets the threshold for long-term benefits.
Time Limits and Benefit Restrictions
CTP claims must be submitted within 5 years of the accident date under the MAIA. However, weekly benefits are limited to 52 weeks if your injury is limited to threshold injuries. If your burn injury results in permanent scarring or functional loss, you may need to pursue a common law damages claim separately.
When to Seek Legal Advice
Consult a solicitor if:
- Your burn injury exceeds threshold injury criteria.
- You're unsure whether your injury qualifies for benefits.
- Your claim has been denied or is under dispute.
Legal professionals can help you understand whether your injury meets the MAIA's threshold definition and whether you have a claim for common law damages.
Next Steps
CTP claims for burn injuries depend on the accident date, injury severity, and evidence collected. If your claim is denied or you're unsure of your options, seek legal advice to explore your rights under the MAIA. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.