How Insurers Assess Liability for Burn Injuries in NSW Motor Accidents
If you sustained burn injuries in a vehicle fire in New South Wales, insurers assess liability under the Motor Accident Injuries Act 2017 (MAIA), which governs all Compulsory Third Party (CTP) claims in the state. Liability is not determined by fault alone but by whether the accident occurred during the use of a motor vehicle and whether the injury resulted from that use. Insurers will review the circumstances of the fire, including whether it was caused by a mechanical failure, collision impact, fuel leak, or electrical fault, and whether the vehicle was in motion or stationary at the time. The assessment is based on evidence, not assumptions, and must comply with the Motor Accident Injuries Regulation 2017 and the SIRA Motor Accident Guidelines.
Key Factors Insurers Consider in Burn Injury Claims
Insurers assess liability by examining several factual and legal elements. First, they confirm whether the fire occurred during the use of a motor vehicle, as defined by the MAIA. This includes vehicles used on roads, car parks, or private property if they were being operated or driven at the time. Second, they assess whether the fire was a direct result of the motor accident. For example, a fire caused by a collision that ruptured a fuel line, ignited electrical wiring, or triggered a battery explosion may be considered an accident-related event. Third, they review medical evidence to determine the nature and extent of the burn injury, including whether it was thermal, chemical, or caused by smoke inhalation. The insurer will also consider whether the injury occurred while the person was inside the vehicle, or during evacuation, and whether any pre-existing conditions may have contributed to the outcome.
Evidence That Supports a Claim
To establish liability, claimants should preserve and provide the following evidence: medical records detailing the type, depth, and treatment of burns; photographs of the vehicle and burn sites; a police report or traffic accident report if available; witness statements describing the fire’s onset and sequence of events; and any maintenance or repair records that may indicate a pre-accident mechanical issue. Insurers may also request a forensic report on the fire’s origin, particularly if the cause is disputed. The SIRA guidelines state that insurers must consider all available evidence, including expert assessments, when determining liability. Claimants who were not at fault may still be eligible for benefits, but the insurer will assess whether the fire was a foreseeable consequence of the accident.
Time Limits and Procedural Requirements
A claim for compensation must be made within three years of the accident date, as required under the Motor Accident Injuries Act 2017. Failure to notify the insurer within this period may result in a claim being barred. Insurers are required to acknowledge a claim within 28 days of receipt and provide a written response within 90 days. If a claim is denied, the claimant may request a review or apply to the Civil and Administrative Tribunal (NCAT) for a determination. The SIRA website provides a step-by-step guide on how to make a claim, including the forms required and the documentation to submit.
When a Claim May Be Disputed
Insurers may dispute liability if they believe the fire was not caused by the motor accident, such as if the vehicle was parked and the fire started due to an electrical fault unrelated to the accident. They may also dispute the injury’s connection to the fire, particularly if medical evidence shows that burns were sustained from a separate incident. In such cases, the claimant may need to provide further evidence, including a medical report from a specialist in burn injuries, or a forensic engineer’s report on the fire’s origin. The SIRA guidelines state that insurers must not deny a claim solely because the claimant was not at fault, but they may challenge the causal link between the accident and the injury.
Hypothetical Example: A Fire After a Collision
A 34-year-old driver was involved in a rear-end collision on a suburban road in Sydney. The impact caused the vehicle’s fuel tank to rupture, and a spark from the damaged wiring ignited the fuel, resulting in a fire. The driver sustained second-degree burns to the hands and face and was treated in hospital. The insurer reviewed the police report, vehicle inspection, and medical records. The forensic report confirmed the fire originated from the fuel leak and electrical short, both caused by the collision. The claim was accepted, and the driver received treatment and care benefits, weekly income payments, and a damages award for pain and suffering, as the injury met the threshold for damages under the MAIA.
Next Steps for Claimants
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.