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 a dental injury in an airbag accident in NSW, preserving evidence is critical to support your CTP claim. This article explains what records to keep, how SIRA evaluates dental injuries, and steps to take in Armidale. Time limits and dispute options are also covered.
What Evidence to Collect After a Dental Injury
After an airbag accident causing dental injuries, gather the following evidence:
- Medical records: Obtain copies of all dental and medical reports, including X-rays, diagnoses, and treatment plans. SIRA uses these to assess the nature and severity of injuries.
- Accident details: Document the incident with photos of the airbag deployment, vehicle damage, and any visible injuries. Witness statements or police reports can also strengthen your claim.
- Dental treatment records: Keep receipts and invoices for all treatments, as these demonstrate the cost of care and support claims for treatment and care benefits.
- Income and employment records: If your injury affects your ability to work, provide proof of income and any lost wages.
How SIRA Assesses Dental Injuries in CTP Claims
SIRA evaluates dental injuries based on the Motor Accident Guidelines, which define threshold injuries. For example, a fractured tooth or jaw injury may qualify as a threshold injury, entitling you to treatment and care benefits. However, if your injury does not meet the threshold, you may not be eligible for certain benefits. SIRA considers clinical signs like pain, swelling, and functional limitations when determining eligibility.
A hypothetical example: Sarah suffered a fractured front tooth after an airbag deployed during a collision. Her dentist documented the injury and recommended a crown. SIRA would assess this as a threshold injury, allowing her to claim treatment costs and weekly income payments if she cannot work.
Steps to Preserve Records in Armidale NSW
In Armidale, injured individuals should:
- Notify the at-fault driver's insurer immediately to start the claims process.
- Seek prompt medical attention to document injuries and treatment.
- Store all records securely, including digital copies, to prevent loss.
- Avoid altering or discarding evidence, as this could weaken your claim.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident if you're seeking treatment and care benefits. If your injury is a threshold injury, benefits may be limited after 52 weeks. For non-threshold injuries, you may need to pursue a common law damages claim, which has different time limits.
If you dispute a decision, you can request a review from SIRA or seek independent legal advice. Complex cases, such as those involving long-term dental care or disputes over injury severity, often require a solicitor to navigate the process.
When to Seek Legal Advice
Consult a solicitor if:
- Your injury does not meet the threshold for benefits.
- You're unsure whether your dental injury qualifies.
- You need help disputing a decision.
Legal professionals can help you understand your options and ensure all evidence is properly submitted.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.