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've suffered burn injuries from a vehicle fire on the Central Coast, avoiding common mistakes in your CTP claim is critical. NSW law under the Motor Accident Injuries Act 2017 and SIRA guidelines governs compensation for burn injuries, but claimants often miss key steps. This article explains the most frequent errors and how to avoid them.
Key CTP Rules for Burn Injuries
Burn injuries from vehicle fires are treated as threshold injuries under NSW CTP rules unless they meet specific severity criteria. SIRA guidelines state that injuries requiring specialist treatment, such as chemical burns or deep tissue damage, may qualify for additional benefits. However, claims must be supported by medical evidence showing a direct link between the accident and the injury. A common mistake is failing to document the extent of burns or the circumstances of the fire.
Practical Steps to Avoid Errors
- Seek immediate medical attention, Delaying treatment can weaken your claim. Medical records must clearly link the burn injury to the vehicle fire. For example, a burn caused by a chemical leak in a car must be documented as such.
- Preserve evidence, Keep accident reports, photographs of the fire scene, and witness statements. SIRA advises that vehicle fire claims require proof of the fire's origin and how it caused the injury.
- Notify your insurer promptly, CTP claims have strict time limits. Under the Motor Accident Injuries Act 2017, you must notify the at-fault driver’s insurer within 52 weeks of the accident. Delays can result in lost benefits.
SIRA Guidelines for Burn Injury Claims
SIRA’s What you can claim page clarifies that burn injuries may qualify for treatment and care benefits, weekly income payments, or lump sum damages depending on severity. However, claims for 'threshold injuries' (such as first-degree burns) are limited to 52 weeks of benefits. If your injury is classified as a threshold injury, you must demonstrate it meets the spinal nerve-root qualification under the Motor Accident Guidelines.
Common Disputes and Time Limits
Insurers often dispute claims by arguing the injury is not a 'threshold injury' or that the claimant failed to follow SIRA’s procedures. For instance, a claimant who did not seek specialist burn treatment within 28 days of the accident may lose access to certain benefits. Always consult SIRA’s Making a motor accident claim guide for step-by-step instructions.
When to Seek Legal Advice
If your burn injury involves complex issues like chemical exposure, long-term scarring, or disputes over fault, legal advice is essential. A solicitor can help ensure your claim meets all SIRA requirements and deadlines. Remember, CTP claims are governed by strict rules, and mistakes can lead to reduced compensation or denied benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.