Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 can lead to significant compensation claims under NSW's Compulsory Third Party (CTP) scheme. However, injured drivers in Illawarra and South Coast often make errors that jeopardize their claims. This article explains the most common mistakes to avoid, how SIRA's guidelines apply, and practical steps to take after an airbag-related dental injury.
Key Mistakes in Dental Injury Claims
One major error is failing to seek immediate medical attention. Dental injuries from airbags, such as fractured teeth or jaw trauma, require prompt assessment by a dental professional. Delaying treatment can weaken claims by creating doubt about the injury's connection to the accident. Another mistake is not documenting the accident scene thoroughly. Photographs of damaged teeth, medical records, and witness statements are critical evidence.
Applying SIRA Guidelines to Dental Injuries
SIRA's Motor Accident Claims page outlines what injured people can claim, including treatment costs and income loss. For dental injuries, claims must demonstrate a direct link between the accident and the injury. SIRA's guidelines emphasize that injuries must meet the 'threshold injury' criteria under the Motor Accident Injuries Act 2017. This means the injury must result in a measurable impact on daily life, such as difficulty eating or speaking.
Practical Steps to Avoid Errors
After an airbag accident, injured drivers should notify their insurer within 52 weeks of the incident. This deadline applies to claims for treatment and income loss benefits. Keeping detailed records of medical expenses, treatment plans, and income loss is essential. For example, if a fractured tooth requires multiple dental procedures, documenting each step ensures the claim reflects the full cost of recovery.
Time Limits and Dispute Resolution
The 52-week time limit for claiming benefits means delays can result in lost entitlements. If a claim is disputed, injured drivers should seek advice from a solicitor specialising in CTP claims. SIRA's dispute resolution process allows for reviews if new evidence emerges, such as a second opinion from a dental specialist.
When to Seek Legal Advice
Common mistakes include assuming all dental injuries qualify for compensation. Under NSW law, only injuries meeting the 'threshold injury' definition are eligible. For instance, a minor chip without functional impairment may not qualify, while a broken jaw requiring surgery does. Legal advice is crucial to navigate these distinctions and ensure claims meet SIRA's requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.