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 caused by airbag deployment in NSW are covered under the Compulsory Third Party (CTP) scheme. If you've suffered a tooth or jaw injury from an airbag, you may be eligible for compensation through the Motor Accident Injuries Act 2017 (MAIA). This article explains how such injuries are assessed, what evidence matters, and practical steps to take in Greater Sydney.
How Dental Injuries Are Assessed Under NSW CTP Laws
Dental injuries from airbag accidents are evaluated based on the severity of the injury and its impact on your daily life. Under the MAIA, injuries are categorized as 'threshold injuries' or more serious. Threshold injuries include minor dental damage like chipped teeth, while more severe injuries may involve jaw fractures or permanent tooth loss. SIRA (State Insurance Regulatory Authority) uses the Motor Accident Guidelines to determine the type of compensation available. For example, a fractured tooth that requires a root canal would typically qualify as a threshold injury, while a jaw injury requiring surgery might fall under a more serious category.
Practical Steps and Evidence for Dental Injury Claims
To support your claim, gather evidence showing the injury was caused by an airbag deployment. This includes:
- Medical records confirming the injury and its cause
- Police reports or accident statements
- Witness statements from others present during the accident
- Photographs of the airbag deployment and any visible damage
- A timeline of treatment and recovery
SIRA requires claims to be submitted within 52 weeks of the accident for threshold injuries. If your injury is more severe, you may be eligible for ongoing weekly payments or lump sum compensation. Always keep copies of all documents and communicate with your treating dentist to ensure your medical records clearly link the injury to the airbag.
Time Limits and When to Seek Advice
Claims under the MAIA must be submitted within 52 weeks for threshold injuries. If you're unsure whether your injury qualifies, seek advice promptly. SIRA's claim process can be complex, and delays may affect your ability to receive benefits. In Greater Sydney, many injured drivers and passengers have successfully claimed compensation for dental injuries caused by airbags by following SIRA's guidelines and providing clear evidence of the injury's origin.
Example: A Greater Sydney Case
In a 2023 case in Sydney's inner-west, a driver suffered a fractured front tooth after an airbag deployed during a low-speed collision. SIRA assessed the injury as a threshold injury and approved a weekly payment for dental treatment. The claimant was advised to document all treatment costs and provide a medical certificate linking the injury to the accident. This example highlights how SIRA evaluates dental injuries in the context of airbag-related accidents.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.