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).
Burn injuries sustained in a vehicle fire in Greater Sydney may give rise to a claim under the NSW Compulsory Third Party (CTP) insurance scheme. This claim is governed by the Motor Accident Injuries Act 2017 (MAIA), which sets out the types of benefits available and the evidence required to support a claim. The primary purpose of CTP insurance is to provide financial support for injuries caused by motor vehicle accidents, including those resulting from fires, regardless of who was at fault. However, the type and extent of benefits depend on the nature of the injury, the circumstances of the accident, and the evidence collected promptly after the incident.
The most critical step after a vehicle fire involving burn injuries is to preserve all physical and documentary evidence. This includes photographs of the vehicle, the fire scene, and any visible burn marks on the body or clothing. These images should be taken as soon as possible, ideally before any medical treatment or clothing removal. Medical records are essential and must include documentation of the burn severity, treatment received, hospitalisation details, and any ongoing pain, scarring, or functional limitations. The treating medical practitioner must record the cause of the burn, whether thermal, chemical, or from smoke inhalation, as this affects the assessment of injury and entitlement to benefits.
Other key records include a police report if one was filed, a statement from a witness to the fire, and any documentation from emergency services such as ambulance or fire brigade. These records may confirm the sequence of events, the presence of flammable materials, and the immediate response to the injury. If the vehicle was not driven by the injured person, a record of who was operating it at the time may be relevant. Any correspondence with the CTP insurer, including claim forms, medical reports, and letters, must be retained in full. These documents form the basis of the claim and may be needed if a dispute arises over entitlement or benefit levels.
Under the MAIA, a person may be entitled to treatment and care benefits, weekly income payments, and, in some cases, damages for non-economic loss. These benefits are not automatic and depend on the injury meeting the threshold for damages, which requires a permanent impairment of at least 10% of the whole person. For burn injuries, this assessment is made using the Motor Accident Guidelines, which include criteria for scarring, nerve damage, and functional impact. A burn that results in disfigurement, loss of mobility, or chronic pain may meet this threshold. However, if the only injuries are classified as threshold injuries, benefits are generally limited to 52 weeks of treatment and care, and weekly payments, as provided under section 4.4 of the MAIA.
A common mistake is to delay seeking medical attention or to fail to document the injury in detail. This can undermine a claim, particularly if the insurer questions the severity or timing of the injury. It is also important not to alter or dispose of clothing worn during the fire, as these may contain evidence of the burn mechanism or chemical exposure. If the fire was caused by a mechanical fault, such as a fuel leak, evidence of that may be needed to establish a claim against the vehicle’s manufacturer or insurer, although this would fall outside standard CTP claims.
In Greater Sydney, where vehicle traffic and road density are high, fires can occur in car parks, on roads, or in driveways. The legal character of the location does not automatically exclude a claim, but the use of the vehicle and the nature of the incident must be assessed under the MAIA. For example, a fire that occurs while a vehicle is parked in a private driveway may still be covered if it was in a public road context or if the vehicle was being used for a journey. The distinction between private and public use may affect eligibility, so it is important to record details of the vehicle’s movement and purpose at the time.
If a claim is disputed or a benefit is refused, the injured person may request a review from the insurer or apply to the State Insurance Regulatory Authority (SIRA) for a determination. The process requires full documentation, including medical evidence, accident reports, and a record of all communications. Disputes often arise over the extent of injury, the need for treatment, or the classification of the injury as a threshold injury. In such cases, an independent medical assessment may be required.
A hypothetical example: A cyclist in Sydney’s inner west was caught in a vehicle fire after a collision on a busy road. The fire was caused by a fuel leak and resulted in second-degree burns to the arms and face. The cyclist immediately sought medical treatment and retained the clothing worn during the incident. A police report was filed, and a witness provided a statement. The treating doctor documented the burn depth, scarring, and ongoing pain. These records supported a claim for treatment and care benefits, weekly payments, and eventually damages for non-economic loss, as the impairment was assessed at 15% of the whole person.
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