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).
Dental injuries from airbag accidents in New South Wales are handled under the Motor Accident Injuries Act 2017 (MAIA). Families caring for injured loved ones need to understand how these injuries are assessed, what evidence matters, and how caregivers play a role in claims. This guide explains the legal framework, practical steps, and key considerations for families navigating CTP claims involving dental injuries.
How Dental Injuries Are Assessed in CTP Claims
Under the MAIA, dental injuries are evaluated based on their impact on daily life. SIRA (State Insurance Regulatory Authority) determines eligibility for benefits by assessing whether the injury meets the 'threshold injury' definition. Threshold injuries include dental damage that affects eating, speaking, or requires medical treatment. For example, a broken tooth requiring a root canal or a jaw injury limiting mouth movement would qualify.
Caregivers should document how the injury affects the injured person’s ability to perform everyday tasks. This includes noting difficulties with eating, speaking, or oral hygiene. Medical records from dentists or oral surgeons are critical evidence. SIRA also considers the injury’s long-term effects, such as chronic pain or the need for ongoing dental care.
Practical Steps for Families and Caregivers
Families should take immediate steps to preserve evidence. This includes:
- Collecting medical records from dental professionals
- Keeping a diary of how the injury impacts daily life
- Notifying the at-fault driver’s insurer about the dental injury
- Seeking medical attention promptly to establish the injury’s severity
Caregivers may need to assist with dental appointments, dietary adjustments, or managing medication. SIRA requires proof of the injury’s impact, so families should work with healthcare providers to ensure documentation meets legal standards.
Time Limits and Dispute Resolution
Claims must be made within 52 weeks of the accident for certain benefits. After this period, weekly income payments and treatment benefits are generally limited unless the injury results in long-term impairment. Families should act quickly to submit claims and gather evidence.
Disputes may arise if SIRA disputes the injury’s severity. In such cases, families can request a review or seek independent medical opinions. It’s important to note that caregivers are not liable for the at-fault party’s actions, but they may need to provide evidence of the injury’s impact to support the claim.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injury results in long-term dental issues requiring ongoing treatment
- The at-fault party’s insurer disputes the claim
- Caregivers face financial strain due to the injury’s impact
Legal professionals can help navigate SIRA’s requirements and ensure families receive all available benefits. Every claim depends on its own facts, and the right support can make a significant difference in securing compensation.
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